Product Development Connection - patent, trademark, and product development services

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Product Development Connection provides inventor services in Northern Ontario (including Sudbury, North Bay, and Parry Sound).

Frequently Asked Questions - Product Development Connection

Do you work with inventors who are not in Northern Ontario?
Do you take a cut?/How do you get paid?
What is a Patent?
How long will I remain protected?
What can I patent?
What can I NOT patent?
Who can file a patent?
Does each country require the filing of a separate application?
When should I apply for a patent?
Can someone else simply change or add a small feature of my invention and get a patent as well?
How do I know that my invention does not already exist?
Are all patentable inventions worth patenting?
Is my newly filed application publicized?
What is "Patent Pending"?
I have an invention, but I don't have any money? Is there anything I can do with my idea?
If I mail my invention to myself, will that protect my invention?

Do you work with inventors who are not in Northern Ontario? Yes. Northern Ontario is our local market, but we will assist inventors from anywhere.

Do you take a cut?/How do you get paid? PDC does not a percentage of your invention, nor do we form partnerships with inventors. PDC charges fees for services, usually based on an hourly rate, through the use of approved work orders. Generally, we provide a work order with estimates, which the client signs to approve and returns to us with a deposit (retainer). Any balances are due or returned upon completion of job.

What is a Patent? Through a patent, the issuing government gives you the inventor, the rights to exclude others from making, using or selling your invention from the day your patent is granted.

How long will I remain protected? The life of a Utility Patent is 20 years from the date it was filed as an application. A Design Patent however, has a life of 14 years from the date of filing.

What can I patent? There are three basic criteria for patentability. First, the invention must be new (first in the world). Second, it must be useful (functional and operative). Lastly, it must show inventive ingenuity and not be obvious to someone skilled in that area.

What can I NOT patent? You cannot patent a scientific principle, a theory, an idea, a method of doing business, a computer program, a song or poem, or a medical treatment.

Who can file a patent? The common lay person of 18 years or more is allowed by rule to file his or her own patent. However, executing a patent is a highly technical task requiring knowledge of the country's patent laws. It is extremely important and recommended that a patent attorney or patent agent prepares the application on your behalf. A poorly prepared application may lack many vital pieces of legal protection to serve you from future infringements.

Does each country require the filing of a separate application? Yes, each country has slightly different laws, therefore requiring separate patent applications. However, since the enactment of the Patent Cooperation Treaty (PCT), member countries can be designated in a single "International Patent Application".

When should I apply for a patent? In Canada, patents are granted to the first inventor to file a complete application. Therefore, it is wise to file as soon as possible after you've established patentability in case someone else is on a similar track. However, it is equally important to define the physical and material properties of your invention prior to preparing a Patent application.

Can someone else simply change or add a small feature of my invention and get a patent as well? A properly completed application will serve as legal protection. However, if someone drastically improves your invention with a feature that is not obvious to a person skilled in that trade, they can be granted a patent. The magic clause in the Patent Act is: "The new invention shall be unobvious to someone skilled in the art".

How do I know that my invention does not already exist? A common misconception is that "I never saw it in stores, it must be new!" Patent archives include millions of patents but only a fraction of these have entered the market place. A World patent search must be conducted prior to developing any invention.

Are all patentable inventions worth patenting? No, not all inventions get patented. It is important that a "pre-market feasibility assessment" is conducted before you invest thousands of dollars on a patent. Some great ideas may not have sufficient demand to sustain profitability.

Is my newly filed application publicized? All patent applications are laid open for public viewing 18 months after filing. This gives you the inventor (or agent) a chance to enter and saturate your market.

What is "Patent Pending"? When you file for a patent, you do not yet have a Patent granted. The application is of course "Pending". However, once you file your patent application, your invention may be labeled as "Patent Pending". This phrase has no legal effect but may serve as a warning to others that you will be able to enforce your exclusive rights since you will be granted a patent first because you have filed first. The phrase is often used by manufacturers to inform the public that an application for patent on that article is on file in the Patent Office. It is unlawful to use the phrase falsely.

I have an invention, but I don't have any money? Is there anything I can do with my idea? Yes and no. Yes, you can start by writing a business plan and conducting research to develop a comprehensive understanding of the specific industry. And no, there are fees associated with the protection of intellectual property. Additionally, even the smallest product development project will require operating capital.

If I mail my invention to myself, will that protect my invention? No. Mailing your invention to yourself offers no protection as it does not stop someone else inventing the same thing and patenting it first. "First to patent" is the rule.

If you have additional questions, feel free to contact us.

Product Development Connection:

email: info@pdconnection.ca

telephone: 1-705-929-6013

address: 183 Brazier Rd., Alban, Ontario, Canada

postal address: RR #2, Site 1, Box 28, Alban, Ontario, Canada, P0M1A0

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