What is patentable, and what is not
You need an invention that is **new**, **useful**, and **inventive** — not obvious to someone skilled in the field. It must be a product, process, machine, composition or an improvement to one.
Not patentable: abstract ideas, mathematical formulas, business methods as such in many jurisdictions, higher life forms, and methods of medical treatment in Canada. Software is patentable only where it produces a practical technical result rather than merely automating a known process — a distinction that decides many applications.
File before you disclose — no exceptions worth relying on
Canada and the US allow a limited grace period for the inventor's own disclosure, but most of the world does not. If you might ever want protection outside North America, treat any public disclosure before filing as fatal.
Practically: NDAs before every substantive conversation, nothing on a website or in a pitch deck circulated openly, and no trade shows. Filing first is cheaper than losing the right.
The timeline and the real cost
A patent lasts **20 years from filing**, not from grant — and since examination commonly takes several years, the effective commercial life is shorter than people expect. Canada requires you to **request examination**; it does not happen automatically, and missing that step abandons the application.
Costs come in stages: preparation and filing, examination and responding to objections, grant, then **annual maintenance fees for the full term**. Add each additional country. A single national patent is a professional-fees exercise; global coverage for a modest invention frequently costs more than the invention earns.
International filing
A **PCT application** buys time — it preserves your filing date across many countries while you defer the decision and expense of entering each one, typically for around two and a half years from the priority date. It is not itself a patent; you must still enter and prosecute nationally.
That deferral is the main strategic value: it lets you test the market before committing to per-country costs. Choose countries by where you will actually sell or manufacture, not by prestige.
When a trade secret is the better choice
A patent requires you to publish the invention in exchange for time-limited exclusivity. A trade secret lasts indefinitely but only while it stays secret, and gives you nothing against independent discovery or reverse engineering.
Favour a patent where the invention is easily reverse-engineered from the product, where you need something investors or licensees can value, or where you must exclude competitors. Favour a trade secret where the advantage is a process nobody can see from outside — a formula or manufacturing method — and you can genuinely control access. Ownership matters too: **an invention made by a contractor generally belongs to the contractor absent a written assignment.**
Frequently asked questions
- Can I patent it after showing it at a trade show?
- Usually not outside North America. Most countries apply absolute novelty, so a public disclosure before filing destroys patentability. File first.
- How long does a patent last?
- Twenty years from the filing date, not from grant — and examination can take years, so the effective commercial life is shorter than the headline number.
- Does one patent cover the world?
- No. Patents are national. A PCT application preserves your date across many countries while you defer the cost of entering each.
- Is software patentable?
- Only where it produces a practical technical result rather than merely automating a known process. Many software applications fail on this point.
- Patent or trade secret?
- Patent where the invention is visible in the product or you need an asset investors can value. Trade secret where the advantage is an invisible process you can control access to.
- My contractor invented it — who owns it?
- Generally the contractor, absent a written assignment. Put IP assignment in the agreement before work begins.
This guide is general information, not legal advice. Laws, costs, and procedures vary by state, province, and your specific situation — speak with a qualified trademark registration lawyer about your circumstances before acting.