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Step-by-Step Guide: How to Conduct a Patentability Search in Canada

Turning your innovative idea into a commercially successful product is exciting, but before diving headfirst into development, it's crucial to understand the intellectual property (IP) landscape. Conducting a patentability search in Canada helps you assess whether your invention meets the requirements for patent protection and identify potential roadblocks. Don't worry, navigating this process doesn't have to be overwhelming.

Here's a step-by-step guide to get you started:

 

Step 1: Define Your Invention Clearly

Before you begin your search, clearly define your invention's unique features and functionalities. Describe what it is, how it works, and the problem it solves. This clarity will guide you in searching for relevant prior art and assessing potential novelty.

 

Step 2: Choose Your Tools

Several resources are available for your patentability search in Canada:

Canadian Intellectual Property Office (CIPO) Database

Explore the largest collection of Canadian patents and applications freely accessible at https://www.ic.gc.ca/opic-cipo/cpd/eng/search/basic.html. Utilize keywords, inventor names, or classification codes to find relevant patents.

Worldwide Patent Databases

Databases like USPTO's https://www.uspto.gov/ and EPO's https://www.epo.org/en offer access to global patents, potentially revealing similar inventions internationally.

Commercial Databases

Consider subscription-based databases like Derwent Innovation or LexisNexis Patent & Trademark for more advanced search functionalities and comprehensive coverage.


Step 3: Conduct Keyword Searches

Start with broad keyword searches based on your invention's key features and functions. Gradually refine your search terms using synonyms, technical terms, and alternative functionalities. Remember to search in both English and French, considering Canada's official languages.

 

Step 4: Analyze Prior Art

Carefully analyze the retrieved patents and applications. Identify features and functionalities shared with your invention and assess their similarities and differences. Consider whether your invention offers a significant inventive step beyond existing solutions, which is crucial for patentability.

 

Step 5: Understand Novelty and Non-obviousness

Remember, your invention must be novel (not previously disclosed) and non-obvious (not readily deducible from existing knowledge) to be patentable. Use your analysis of prior art to gauge your invention's novelty and non-obviousness potential.

 

Step 6: Consider Professional Assistance

While conducting a basic search yourself is valuable, especially for initial validation, consider seeking professional help for a more comprehensive and nuanced assessment. Patent attorneys or IP specialists can offer deeper insights into novelty, non-obviousness, and potential infringement risks.

Check out our other Blogs or Contact Us! for Professional Assistance for filing a patent.

 

Step 7: Document Your Search Results

Document your search process meticulously, including keywords used, databases searched, retrieved patents, and your analysis of each. This record-keeping will be invaluable for future reference and potential discussions with IP professionals.

 

Step 8: Make Informed Decisions

Based on your findings, make informed decisions about pursuing a patent application. If the search reveals significant prior art or casts doubt on novelty or non-obviousness, consider consulting with an IP professional to discuss alternative IP strategies or refine your invention.

 

Additional Tips to Conduct a Patentability Search

Start your search early in the innovation process to avoid wasting time and resources on unpatentable ideas.

Consider the limitations of online searches: complex inventions might require more advanced tools or professional expertise.

Don't be discouraged by potential challenges: a thorough search, even if negative, provides valuable insights and strengthens your overall IP strategy.

Remember, conducting a patentability search is not a guarantee of patent success, but it's a critical step towards informed decision-making and protecting your innovative ideas. By following these steps and leveraging available resources, you can navigate the path towards valuable IP protection and unlock the true potential of your invention.

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