Key Takeaways

  • To patent an idea, your invention must be useful, novel, and non-obvious, meeting all U.S. Patent and Trademark Office (USPTO) criteria.
  • The patent process involves searching prior art, drafting a detailed application, and filing with the USPTO.
  • There are different patent types — utility, design, and plant patents — each protecting a specific kind of invention.
  • In Lachute, Quebec, inventors must file through the Canadian Intellectual Property Office (CIPO) or the USPTO for U.S. protection.
  • Working with a patent attorney helps ensure compliance, proper claims drafting, and protection in both U.S. and Canadian jurisdictions.

Unique Patents

Unique patents can be very popular, depending on what type of use they provide. But not all inventions can be patented. There are certain requirements that must be met in order for an invention to obtain patent protection. The invention must be:

• Useful

• Novel

• Non-obvious

Each requirement has a specific meaning; it is important that you are well aware of these requirements so that you can increase your likelihood of success if submitting an invention for patent protection.

Understanding How to Patent an Idea in Lachute

If you’re wondering how to patent an idea in Lachute, it’s important to know that the process differs slightly depending on whether you’re seeking Canadian or U.S. protection. In Canada, patents are handled by the Canadian Intellectual Property Office (CIPO), while the United States Patent and Trademark Office (USPTO) manages U.S. filings.

To begin, confirm that your invention meets the three key patentability criteria:

  1. Novelty – Your idea must be new and not previously disclosed to the public.
  2. Utility – The invention must have a specific and demonstrable purpose.
  3. Inventive Step – It should not be obvious to someone skilled in that technical field.

After ensuring eligibility, take these essential steps:

  • Document your invention thoroughly, including drawings, prototypes, and functional descriptions.
  • Conduct a prior art search using databases such as USPTO’s Patent Public Search or CIPO’s patent database to check for existing similar patents.
  • Prepare a patent application, including claims, a summary, and detailed drawings.
  • File your application with either CIPO (for Canadian protection) or USPTO (for U.S. protection).
  • Respond to examiner feedback and make any necessary revisions during review.

Because patent law can be complex, inventors in Lachute often work with an experienced patent attorney to ensure all requirements are met, avoid costly rejections, and maintain intellectual property rights internationally.

Usefulness

The invention must have a purpose. If it is a piece of machinery, it must be operable. The USPTO has guidelines for determining if the invention is in fact useful. In order for an invention to be useful, the following must be met:

• A person of ordinary skill in that industry can immediately understand the usefulness of the invention, including its characteristics. i.e., the application for the invention, processes within the invention, etc.

• The utility is specific, substantial, and credible.

If the USPTO examiner indicates that the invention is not specific, substantial, or credible, he or she must provide an explanation as to why the invention does not meet this requirement. Additionally, if applicable, the examiner must provide actual evidence that proves that the invention does not meet these requirements. That way, the inventor can respond to the rejection providing information detailing why the invention does, in fact, meet such requirements.

Different Types of Patents for Unique Inventions

When learning how to patent an idea in Lachute, it’s helpful to understand the three main categories of patents:

  • Utility Patents – Protect the function and process of a new invention, such as machinery, methods, or software.
  • Design Patents – Protect the unique visual or ornamental aspects of a product.
  • Plant Patents – Cover new plant varieties that are asexually reproduced.

Each patent type serves a distinct purpose and offers a 20-year term for utility patents and 15 years for design patents from the issue date. Choosing the right category ensures maximum protection and commercial value.

Novelty

This is defined by patent law. Particularly, an invention is not novel if it was:

• Known or used by others in the U.S. prior to your invention being created.

• Patented or explained in a printed publication worldwide at any point greater than one year before the patent application.

• Formerly or currently being used by the public more than one year before filing of the patent application.

Patent Search and Documentation Steps

Before filing, you must perform a comprehensive patent search to ensure your idea truly meets the novelty requirement. This process involves searching through existing patent records in both U.S. and Canadian databases.

To perform an effective search:

  1. Use USPTO, Google Patents, and CIPO databases.
  2. Search for similar technologies, keywords, and classifications.
  3. Review the claims and diagrams of existing patents for overlap.
  4. Document your search process, results, and conclusions.

Proper documentation strengthens your application and demonstrates good faith in showing your idea’s originality.

Non-Obvious

This means that there must be a difference between what has been used from what is being invented. For example, certain products can be used interchangeably, and if this is the case with a new invention, it may not be considered non-obvious.

However, a product that enhances or expands upon a previous invention may be patentable. However, even if the differences would make them very unique to one another, the patent application may be rejected if the differences would be obvious.

Filing a Patent Application

Once you confirm your invention’s novelty and utility, the next stage is to file a provisional or non-provisional patent application:

  • Provisional Patent Application (U.S.) – Offers a 12-month period to establish an early filing date while continuing to refine the invention.
  • Non-Provisional Patent Application (U.S. and CIPO) – Starts the formal examination process and leads to an issued patent if approved.

A non-provisional patent must include:

  • A detailed specification describing the invention
  • Claims defining its scope
  • Drawings or diagrams if applicable
  • Inventor declarations and filing fees

Both the USPTO and CIPO charge filing fees, which vary depending on entity size (individual, small business, or large corporation). Engaging a patent lawyer can help avoid procedural errors that may delay or invalidate your application.

Strange Patents

• Social networking updates by comic strips

• Floating wave-powered server farm

• A gadget that projects a keyboard onto your hand

• A throat tattoo microphone w/optional lie detector

• Image capturing walking stick

• Sound, light, and temperature advertisement generator

• Software for splitting restaurant bills

• Pay-per-gaze advertising tracking system

• Virtual assistant that can tweet and post on Facebook

• The heart-hand gesture

• Vibrating tattoo

• Kissing shield, which is simply something you can put on your lips to kiss others, without having to worry about catching any germs

• Face mask that helps you not overeat

• High-five machine

• Portable nuclear shield

• Hiccup treatment, which is generally to be used for those suffering from hiccups for over 48 hours. It is a device that zaps you (electronic current) into no longer having hiccups.

• Flatulence deodorizing pad, to reduce the smell of flatulence

• Life expectancy watch

• A product to help conceal baldness by styling hair to comb-over the balding areas

• Snake walking system, helping you walk your snake

• Thumb-sucking inhibitor

• Portable bath capsule

• Crustless PB&J

• Brain buzzer

• Dog ear protectors, to protect that mess that dogs make when they are eating food or drinking water

• Banana protective device

• Disposable boxer shorts

• Dog chastity belt, if you choose not to neuter or spay your dog

• The beerbrella, which acts as an umbrella for your drink.

• Deceptive diaper, which appears to be a diaper disguised as a candy bar.

• Improved human slingshot machine, which was patented as an improvement to the original product, which was patented in 1995.

• Better mousetrap

• Stealth fly swatter, a product that is miniature in size. This fly swatter is very small and can be placed on the end of your index finger.

Maintaining and Enforcing Your Patent

After your patent is granted, you must maintain it through regular renewal fees to keep it active. In the U.S., maintenance fees are typically due at 3.5, 7.5, and 11.5 years after issuance. In Canada, annual maintenance fees must be paid starting the second year after filing.

Patent enforcement is equally important. If another party uses or sells your invention without permission, you can pursue legal action for infringement. Consulting with a patent attorney familiar with U.S. and Canadian law ensures your invention remains protected in both markets and that enforcement actions are handled properly.

Frequently Asked Questions

  1. Can I patent an idea in Lachute if I already disclosed it publicly?
    Usually no. Public disclosure before filing can disqualify an invention unless filed within a one-year grace period (U.S.) or immediately in Canada.
  2. How long does it take to patent an idea?
    The process can take 18 months to several years, depending on examination delays and revisions.
  3. Do I need a prototype to patent an idea?
    Not always. You only need to describe the invention clearly and show that it works as claimed.
  4. Can I apply for a patent in both the U.S. and Canada?
    Yes. You can file in both jurisdictions to ensure cross-border protection for inventions developed in Lachute.
  5. How can a patent attorney help?
    A patent attorney can draft strong claims, conduct searches, and handle USPTO or CIPO correspondence, increasing your chance of approval.

If you need help with filing your patent application or want to see if your unique invention can be patented, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.