Patents

The majority of lawyers at Riches McKenzie and Herbert LLP are registered Patent Agents who are authorized by industry Canada to practice before the Canadian Patent Office.

In addition to a degree in law, each of our lawyers possess an undergraduate University degree or extensive practical experience in a technical specialty. As a result, our patent professionals are uniquely able to assist foreign patent attorneys and Canadian inventors in securing patent protection, and assessing questions of patent infringement and validity across a variety of technical fields.

Practical Advice

Canada grants patent rights on a first-to-file basis. As such it is advantageous for an applicant to file for patent protection as early as possible. Irrespective, to avoid statutory bars, it is essential that any Canadian patent be filed in Canada within twelve (12) months of the inventor, or persons learning of the invention from the inventor, first making the invention available to the public anywhere in the world.

Although it is possible to claim priority to a patent application first filed in a foreign country up to twelve (12) months earlier, a claim of priority to an earlier application will not extend the twelve month disclosure grace period.

Specialization By Industry

The patent attorneys at Riches, McKenzie and Herbert LLP have a wide variety of technical backgrounds and experiences. Ranging from aeronautical engineering to pharmacy and genetics, our legal professionals are well suited to knowledgeably assist inventors with inventions across a number of different scientific fields including:

1. Organic and inorganic chemistry
2. Mechanical inventions
3. Electronics and electrical arts
4. Computer software/telecommunications and information technologies
5. Aeronautical engineering
6. Genetics and biotechnology

For more than 120 years Riches McKenzie and Herbert LLP has assisted innovators and major corporations throughout the world in securing patent protection to emerging technologies.

Requirements to File Patent Applications in Canada

A. INFORMATION

1. Names and addresses of Inventors
2. Names and addresses of Applicants
3. Title of the Invention
4. Priority Claim Information, including:
   1. Priority Country
   2. Priority Application Serial Number
   3. Priority filing date
   Certified copies of priority applications are typically not required
5. Your file reference

B. DOCUMENTS - REGULAR FILED NON-PCT APPLICATIONS

1. Application in English or French (preferably in duplicate) including:
1. Disclosure
2. Claims pages
3. Drawings pages
4. Abstract
2. A Declaration of Representation (may be late filed)
3. An electronic and paper Sequence Listing for nucleotide/amino acid sequences that at not admitted prior art, in compliance with the WIPO Standard.
4. If Small Entity Status is claimed, a signed Small Entity Declaration*

C. DOCUMENTS - PCT FILED APPLICATIONS

In addition to the Information under Section A, to enter the national phase of a PCT application in Canada we require:

1. PCT International Application Number
2. If the International Application is in a language other than English or French a non-verified translation of the International Application as amended under Articles 19 and 34 (preferably in duplicate) including:
   1. Disclosure
   2. Claims pages
   3. Drawings pages
   4. Abstract
   We in any event ask that you provide a copy or any Article 19 and 34 Amendments for our records
3. A Declaration of Representation or a Declaration of Entitlement (may be late filed)
4. An electronic and paper Sequence Listing for nucleotide/amino acid sequences that at not admitted prior art, in compliance with the WIPO Standard.
5. If Small Entity Status is claimed, a signed Small Entity Declaration*

*WE RECOMMEND AGAINST CLAIMING SMALL ENTITY STATUS IN CANADA