Everything you need to know about getting a Patent Service over Goodlawyer, scope of work, benefits, and frequently asked questions.
Goodlawyer offers a wide variety of patent services, all of which are available whether you are applying for a patent in Canada or the US. This page will outline some of the most common Patent services and give you a basic understanding of what to expect.
- What is a Patent?
- Common Patent Services
- Why Should I Book a Patent Service?
- Frequently Asked Questions
Get started on your Patent by booking an Initial Consultation today.
What is a Patent?
Patents are a form of intellectual property (IP) that prevents others from making or selling your invention in a specific country for a period of 20 years. Patents protect things that are “new, useful, and inventive”, including inventions or improvements to inventions. This broad definition can include things like products, compositions (e.g. chemical compositions), machines, processes (e.g. a method for making a specific product), or an improvement on any of these.
Canada and the US use a “first to file” patent system, meaning that the right to a patent goes to the first person to file the patent, regardless of the actual date of invention. Patents can be essential for securing your business’s value if you plan to create revenue by selling or licensing novel products.
Unfortunately, patent applications are complicated and lengthy. The Canadian Intellectual Property Office (CIPO) and the US Patent and Trademark Office (USPTO) can take anywhere from one to four years to approve your patent, and there is ample time during the application process for the CIPO or USPTO to find an error or objection in your application.
Goodlawyer patent agents and lawyers have extensive experience helping clients with the entire patent process. When you book Patent Application Services, your patent agent or lawyer can work with you to identify a patent strategy that meets your business’s needs, conduct a comprehensive search to make sure your patent is available, and draft and file a patent application that’s more likely to succeed.
These services are for business owners looking to protect their IP assets in Canada or the US with a Canadian or US patent. IP that can be patented may include new, useful, and inventive products, compositions, machines, processes, or an improvement on any of these. Common Patent Services are described in more detail below.
Pricing and Scope
The complexity of Patent Application Services can vary drastically based on the complexity of the invention, how novel it is, and which jurisdictions the patent is being filed in.
At Goodlawyer, part of our mission is to always provide upfront fixed prices for legal services. Due to the complexity and variance of Patent legal services, we offer a full breadth of legal support for your Patents available upon upfront, custom quotes.
We have seen Patent services range anywhere from a few hundred dollars to tens of thousands of dollars. It depends on what you need, but on Goodlawyer you will always know the cost upfront with a zero commitment quote. Please note that Government Filing Fees and Disbursements are NOT included in your legal fee. Your lawyer will be able to provide you an estimate of your filing fees.
Every Patent file on Goodlawyer starts with an Initial Consultation. Typically, that's followed by a longer Legal Strategy Session and a custom quote for your exact needs.
Common Patent Services
a. Patent Strategy Session
This service is for business owners seeking advice to help them determine which of their assets they can patent, which jurisdictions they should enter, and what to prioritize. This is often the first step in preparing a patent application.
- Up to 60 minutes of time from a registered patent agent
- Inquiry into what you want to patent, the scope of the invention, what countries you plan to enter, and your business priorities.
- Inquiry into the inherent patentability of the invention.
b. Patentability Search
This service is for business owners that know their IP is inherently patentable and are ready to pursue a patent application. A Patent Search & Patentability Assessment Report is usually required to understand how to draft the patent application so that it demonstrates that your invention is both novel and inventive relative to other previously registered patents.
Patentability Search may include:
- A high-level search determining whether patentability is feasible.
- A comprehensive search for similar patents or inventions.
- Advising on narrowing the scope of the invention or application if search results indicate a similar patent.
- Includes third-party search fees.
Searches for non-mechanical inventions or those that result in more than ten references requiring substantial consideration may result in additional fees.
c. US Provisional Patent Application
This service is for business owners looking to file a provisional patent application in the US to establish an early effective US filing date before submitting a complete application. Your patent lawyer or agent will help advise you on whether this is a useful strategy for your business.
- US Provisional patent application preparation and filing, not including a formal patent claim.
d. Patent Application Preparation
This service is for business owners ready to draft a patent application. Most Patent Applications will first require a Strategy Session and Patentability Search before they are ready to be drafted.
- Drafting and preparation of a Canadian or US patent application.
Non-mechanical inventions or inventions with five or more references from which the invention needs to be distinguished may require additional fees.
e. Patent Filing
This service is for business owners with a fully prepared and drafted patent application that is ready to be filed in a single country (e.g. Canada or the US).
- Preparation and filing of all required patent application documents with the intellectual property office in a single country (e.g. the CIPO or USPTO).
NOTE that Goodlawyer does not guarantee the successful registration of your Patent Application.
f. Patent Objection Response
When a patent application is filed, there is always a chance that the Patent Examiner will raise objections to the application in an “Examiner’s Report” (Canada) or “Office Action” (US). Examiner’s Reports may ask questions about your application, or they may raise objections to your application stating why they think the invention is not patentable. In the event that you receive an Examiner’s Report or Office Action, you will need to adequately respond to prevent your patent application from being deemed abandoned.
A professionally prepared Patent Objection Response will help you cover all your bases when responding to any objections raised against your patent application, increasing the likelihood of a successful application.
This service is for businesses or individuals that have already submitted a Canadian or US patent application and have received notice of an Examiner’s Report or Office Action.Because the scope and complexity of an objection response varies depending on the Patent, these services are available upon custom quote.
g. Patent Maintenance
Patent maintenance fees must be paid to the CIPO and USPTO to prevent Canadian and US patents from lapsing and to maintain their enforceability against third parties. In Canada, annual maintenance fees are required, while in the US, maintenance fees must be paid four, eight, and twelve years after the patent is issued. Goodlawyer patent agents and lawyers will help you speed up and simplify your patent maintenance process.
This service is for business owners that have been granted a Canadian or US patent who need maintenance fees paid to the CIPO or USPTO.
- Payment of maintenance fees to the CIPO or USPTO on behalf of the client.
Why should I book a patent service?
Generate revenue and stop copycats.
A Canadian or US patent prevents anyone else from making or selling your invention in the respective country; only the patent holder can generate revenue from the patent by selling or licensing it to others. With that protection, you can prevent copycats from profiting off your invention.
Increase investor confidence.
Investors want to see that a company has proper IP protections in place. Obtaining a patent for your key IP assets can help increase investor confidence that your business’s value is protected.
Make it easier.
Patent applications are complex, and Patent Examiners look for specific language when approving them. Using a Good Lawyer experienced with patent applications will save you all the time it would take to prepare a strong application yourself.
Keep your patent enforceable.
Patents need to be maintained with the CIPO and USPTO to stay current and enforceable against third parties. If prescribed fees are not paid, your patent can lapse.
Get started on your Patent today!
Frequently Asked Questions
How does the Goodlawyer Service Fee work?
Because we believe in transparent pricing, we make our best effort to be upfront about additional fees and how they are calculated.
How long does a patent application take?
Patent applications can take anywhere from one to five years to get approved, depending on a number of factors. Your Good Lawyer can suggest different strategies to speed up or delay the patent approval process, depending on your business’s strategic needs. Keep in mind that application maintenance fees must be paid to prevent the application from being deemed abandoned.
How long does a patent last?
Patents last for up to 20 years. This 20 year period is calculated from the initial date of patent filing, not from the date the patent is approved. It is not possible to extend the term of a patent. Note that the right of a patent is conditional on the payment of maintenance fees to the CIPO or USPTO.
After 20 years the patent is said to “enter the public domain”, meaning that the patent holder no longer has a monopoly on creating and selling the invention and third parties can use and profit off the invention.
Can my application get rejected even if I use a lawyer?
Unfortunately, yes. It is common for Patent Examiners to raise objections to an application via an “Examiner’s Report” or “Office Action” which will outline reasons why they believe the invention is not patentable. If this happens, your Good Lawyer can help you respond to the Examiner’s Report by amending your application or submitting arguments to address the objections.
Can I just do an internet search to find out if my patent is available?
An internet search may help you quickly find some similar-sounding competitors. However, a professionally conducted patentability search by a Good Lawyer will give you the confidence that your patent application will not be derailed by a pre-existing patent. If a similar patent is found, your Good Lawyer will advise you on how to revise your patent application to increase its chances of success.
Do I need a lawyer to prepare and file a patent application?
Not necessarily; an inventor can technically file a patent application on behalf of themself. A registered Patent Agent (sometimes called a Patent Lawyer) is required to file patent applications on behalf of anyone other than an individual inventor (for example, if the inventor has assigned their rights to the invention to the applicant).
Additionally, patent applications are complex and ensuring that they are prepared in a way likely to be accepted by the CIPO or USPTO can be challenging. Using a patent lawyer or agent experienced in preparing patent applications will save you time and money and will increase the chances of a successful application.
Does receiving a patent in one country give me protection in other countries?
No. A patent in one country only protects your patent rights in that country. If you want to protect your patent internationally, your Good Lawyer will provide you with information about the process for applying for a patent in other countries.
Do I need a lawyer in my province for Canadian Patent Services?
No, you don’t need a local patent lawyer or agent to work with you on preparing and filing your patent application.
Do I need an American lawyer for US Patent Patent Services?
Yes, you need a US patent lawyer to prepare and file your US patent application. Goodlawyer can connect you with a network of qualified US lawyers who can help you with your US patent needs.
"All our questions were answered and it gave us an excellent level of comfort in an area in which we have no experience."
Brigitte, October 2020, 5-Star Google Review
Ready to patent your invention?