Patents
Our patent lawyers and registered Canadian and US patent agents help startups and technology companies turn inventions into valuable assets. Whether the goal is to attract investment, extract value, enable collaboration or clear space to operate, we identify what is patentable, file in Canada, the US and internationally, and protect your claim.
Patent Services
Efficiently protect your IP with our strategic patent services.
IP Portfolio Audit and Record
Intangible IP often creates definition and ownership uncertainty. We identify, scope, and record each IP asset to provide visibility and control in IP development. This simple foundational exercise is the first step to establishing an operational IP portfolio and strategy.
Knockout, Prior Art, or Patentability Search
Patentability is a complex issue and our registered patent agents are here to assist. Our expert analysis satisfies funding and investment due diligence and avoids abandoning valuable opportunities by distinguishing your technology over identified references.
Applications and Prosecution
Patents should be a value add, not a legal spend. From filing through grant (and beyond) our patent agents and lawyers leverage Oziel Law’s visibility of each client's corporate and IP operations combined with tailored IP landscapes & competitive intelligence to optimally position applications.
Maintenance and Monitoring
Our support does not end upon grant. We ensure that patents stay active and monitor activity for any potential infringement or collaboration opportunities. We also provide oppositional support to obstruct encroaching applications from ever being granted.
Enforcement
At Oziel Law our patent lawyers are ready to respond quickly and decisively to any identified infringement. We work with our clients to determine the best approach and purposefully execute to secure IP interests.
Technologies We Can Help You Patent
Mechanical/ Electrical Devices
The perfect balance of power and motion.
Automotive and Aerospace
Cars, planes, boats, and even rockets. Anything that gets you from point A to B.
Communications
Space and ground based hardware and network systems.
Computers & Software
The invention behind the program.
Manufacturing
Providing efficiencies in production.
Clean Energy and Materials
Fueling and building a sustainable future at the finest level.
FinTech
Revolutionizing the way we do business.
Your Technology
Based on our broad engineering experience.
The Patent Registration Process in Canada and the US
There are many different paths to file a patent application. Our approach is highly adaptable to each client’s situation starting from this basic timeline.
0
Initial Filing
Secure your priority date. We provide robust initial filings to establish early protection with the flexibility to continue to build out the inventive concept.
1-Year
Formalization
18-Mths
Publication
The patent office will publish your application. This is often the point at which prosecution and some protections begin.
~
Prosecution
Our patent agents work with the patent office to advance your application balancing protection interests with your application goals. Working with our network of foreign patent agents, we also provide efficient path to broad international protection.
2-3 Yrs
Grant
Your patent issues. We keep it in force and monitor for infringement.
Our Patent Lawyers and Agents
Registered Canadian and US patent agents working alongside our corporate and technology lawyers, so your filings, contracts and deals stay aligned.
Patent News and Insights
Practical guidance on patent strategy, filing and funding for startups and growing companies.
Frequently Asked Questions about Patents
Do I need a patent lawyer or a patent agent?
Usually both. In Canada, only a registered patent agent can prepare and prosecute a patent application before the Canadian Intellectual Property Office (CIPO) on someone else's behalf. A patent lawyer advises on the business and legal side: who owns the invention, how to license it, what to do about infringement, and how patents fit into financing or a sale. At Oziel Law, our registered Canadian and US patent agents work alongside our corporate and technology lawyers, so your filings, contracts and deals stay aligned.
How much does a patent cost in Canada?
Drafting and filing a Canadian patent application involves preparing the description, claims and drawings, as well as supporting documents such as assignments and agent appointments where needed, and filing the application. This typically costs $12,000 to $15,000 CAD, depending on the invention’s complexity, plus applicable taxes, disbursements and government fees.
Filing is only the first stage. The application must undergo examination, which may involve several rounds of examiner objections and responses. Additional professional fees depend on the number and complexity of those objections, with costs generally spread over several years. Government examination fees, a final fee if the application is allowed, and annual maintenance fees also apply.
Protection outside Canada involves additional costs for each jurisdiction, including local agent fees, government fees and any required translations. We can help develop a filing strategy and budget suited to your business.
How long does it take to get a patent?
Obtaining a patent can take two to four years from filing, and sometimes longer, depending on the jurisdiction, when examination is requested, and the number and complexity of examiner objections.
The process begins with filing an application to secure a filing date. If international protection is desired, a common approach is to file an international application under the Patent Cooperation Treaty (PCT) within 12 months of that first filing. The application is generally published around 18 months from the earliest priority date. Examination proceeds before the relevant national or regional patent offices and may involve several rounds of objections and responses before a patent is granted.
Can the process be expedited?
In Canada, accelerated examination may be available for eligible green technologies, innovations supporting the critical minerals supply chain under CIPO’s Key Technology Expedited Program (KTEP), or where delay would prejudice the applicant’s or a third party’s rights. Many jurisdictions also participate in the Patent Prosecution Highway (PPH), which can use favourable examination results in one jurisdiction to expedite examination in another, subject to eligibility requirements. Contact us to discuss whether these or other expedited examination options are appropriate for your filing strategy.
Is there a provisional patent application in Canada?
Not in the US sense. Canada has no separate provisional application. Many Canadian startups therefore file a US provisional application, or a basic Canadian application, to secure an early priority date. They then file full applications in Canada, the US and other countries within 12 months. We help you choose the route that fits your budget and target markets.
Can I patent software or a business method in Canada?
Sometimes. Canadian courts and CIPO allow computer-implemented inventions when the claims solve a practical problem in a concrete way, not when they only describe an abstract idea, a mathematical formula or a business scheme. The US applies its own, different test. How the application is drafted matters a great deal.
Should I file before I talk to investors or launch?
Ideally, yes. Canada and the US give inventors a limited one-year grace period after their own public disclosure. Many other countries, including most of Europe, do not. Filing before a pitch, a demo, a publication or a product launch keeps your international options open. NDAs help, but they are not a substitute for filing.
Do I need to do a patent search first?
It's strongly recommended. A knockout or patentability search checks for prior art: existing patents and publications that could block your application. It costs far less than a full filing and shapes how the claims are written. Investors often ask for one during due diligence.
Can government funding pay for my patent?
Often, yes. Ontario's Intellectual Property Ontario (IPON), the federal ElevateIP program and the NRC's IRAP IP Assist all help eligible startups and SMEs pay for IP strategy and patent filings. We regularly help clients apply. See our guides to IPON, ElevateIP and IRAP IP Assist.
Do you file outside Canada?
Yes. We file in Canada and the US directly. We also file international (PCT) applications, which preserve your right to file in more than 150 countries. Through our network of foreign patent agents, we pursue protection in Europe, Asia and other markets.
Who owns an invention made by an employee or contractor?
Not always the company. Ownership depends on the employment or contractor agreement and on how the invention was made. Missing IP assignment clauses are one of the most common problems we see in startup due diligence. Our IP management and agreements team can review your agreements and fix gaps before you file or raise money.
Get in Touch
Tell us about your invention. A patent lawyer or registered patent agent will get back to you.
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Office Hours
Monday – Friday: 9:00 AM – 5:00 PM
Saturday – Sunday: Closed