Patent legal services for businesses and innovators

In 2024, the Canadian Intellectual Property Office (CIPO) received 35,374 patent applications — with filings by Canadian residents increasing 5% year-over-year, reflecting growing domestic recognition of patents as a core business asset. Patents protect inventions across every industry sector, from energy and engineering to software, life sciences, and consumer technology, and can represent the most commercially significant intellectual property a business owns. At DOBRMAN, we provide patent law counsel and coordinate comprehensive patent services for Alberta businesses and innovators — helping clients protect, manage, and enforce their patent rights in Canada and internationally.

Key legal concepts

What a patent protects in Canada. A patent grants the holder the exclusive right to prevent others from making, using, or selling an invention in Canada for a term of 20 years from the filing date. To be patentable under Canadian law, an invention must be novel, useful, and non-obvious to a person skilled in the relevant field. The subject matter must also fall within the categories of patentable subject matter recognized under the Patent Act — including processes, machines, products, compositions of matter, and improvements to any of these.

Canada’s first-to-file system. Canada operates on a first-to-file patent system, meaning that patent rights are generally awarded to the first person to file a patent application — not the first person to invent.

Understanding the prior art. Prior art refers to any information that has been made available to the public anywhere in the world before the filing date of a patent application — including earlier patents, published research, product manuals, presentations, and public demonstrations. For a Canadian patent application to succeed, the claimed invention must be novel and non-obvious in light of the prior art. Understanding the prior art landscape before filing a patent application helps inventors and businesses assess the strength of their patent position, anticipate objections from CIPO examiners, and make informed decisions about how to draft and scope their patent claims.

The Canadian patent filing grace period. Canada’s Patent Act generally provides a one-year grace period that allows an inventor to file a patent application within one year of their own public disclosure of the invention without that disclosure being treated as prior art against their application. This grace period is a limited exception to the general rule that any public disclosure before the filing date can defeat patent rights.

Relevant Canadian laws & frameworks

Patent Act, RSC 1985, c P-4 — Canada’s primary federal legislation governing the protection, prosecution, enforcement, and licensing of patents, including the requirements for patentability, the rights of patent holders, and the remedies available for patent infringement in Canada.

Patent Rules, SOR/2019-251 — The federal regulations governing the procedural requirements for filing, prosecuting, and maintaining patent applications before CIPO, including filing requirements, examination timelines, fee schedules, and procedures for responding to examiner objections.

Common legal issues

Patent ownership disputes. Disputes over who owns a patented invention or patent application — particularly in startup, co-founder, and contractor relationships — are one of the most consequential IP issues a business can face. Without clear written agreements addressing IP ownership from the outset, inventors, business owners employees, and contractors may have competing claims to the same innovation.

Patent infringement claims. Patent infringement in Canada occurs when a person makes, uses, or sells a patented invention without the authorization of the patent holder. Both patent holders pursuing infringement claims and businesses defending against infringement allegations face significant legal complexity — including issues relating to claim construction, the scope of the patent, and the remedies available under the Patent Act.

Patent licensing and commercialization disputes. Disputes over the terms of a patent license — including the scope of the rights granted, royalty rates, exclusivity, and the permitted territory and duration — are a growing source of IP legal conflict for Alberta innovators and businesses. Structuring patent licenses clearly and enforcing or defending against claims arising from them requires a working knowledge of both Canadian patent law and commercial contract principles.

Patent invalidity challenges. A granted Canadian patent can be challenged on the basis that it should not have been granted — including on grounds of lack of novelty, obviousness, insufficient disclosure, or improper claim drafting. Patent invalidity is frequently raised as a defense in patent infringement proceedings, and can also be pursued through re-examination proceedings before CIPO.

Frequently asked questions

What does a patent lawyer do? A patent lawyer assists businesses and inventors with the legal aspects of protecting, managing, monetizing, and enforcing patent rights — including advising on patentability and patent strategy, structuring IP ownership and assignment agreements, and navigating patent licensing and infringement matters.

Should I conduct a Freedom to Operate Analysis or Patentability Search? Before investing in a patent application — or before launching a new product — Canadian businesses benefit from understanding the existing patent landscape. A patentability search assesses whether an invention is likely to meet the novelty and non-obviousness requirements for patent protection in Canada. A freedom-to-operate analysis examines whether your product risks infringing the patent rights of third parties. Both are important tools for managing patent risk and making informed business decisions about innovation.

Can software be patented in Canada? In Canada, software is commonly protected by patents provided the software constitutes a novel, useful, and non-obvious process.

How long does it take to get a patent in Canada? The timeline for obtaining a Canadian patent varies depending on the complexity of the invention, CIPO’s examination workload, and the prosecution history of the application. Patent applications are typically examined within 12 to 24 months of requesting examination, though prosecution can take longer where there are substantive objections to address.