How to Patent a Mobile App in Canada

Apps can provide a lot of convenience for everyday users. Google’s Play Store and the App Store offered by Apple have contributed more than a decade of entertainment, productivity, and more to its users. Within the first few years of apps becoming popular, Google reached 1 million apps available to be downloaded. Currently, as of 2019, Google offers more than 2.7 million apps, while Apple offers 2.1 million apps.

You may have also noticed that for many apps that you come across, there are competitors that offer similar value proposition. How can app developers protect their app idea from being replicated?To protect their assets, some savvy app developers file a patent application to protect the functionality of their app. This can be a strategic decision for apps worth patenting, as you want to be the ‘first to file’ your patent application.

There are three criteria required for a patent to be granted, which include as outlined from the CIPO website:

• Novelty—To be granted a patent, the invention must be the first of its kind in the world.
• Utility—A valid patent cannot be obtained for something that does not work or that has no useful function.
• Inventiveness—To be patentable, your invention must be a new development or an improvement of an existing technology that would not have been obvious to someone working in your area of specialty.

Fees in Canada

There governmental costs associated with the patent process in Canada which can be found on the CIPO website; this includes:

• Filing fees $400 ($200 for a small entity): To receive an official filing date, you will need to submit a signed small entity declaration, if applicable and the filing fee.
• Examination Request $800 ($400 for a small entity): A separate request for examination must be made within five years of your filing date. This formal examination must be requested after you have filed and paid your filing fees.
• Final Fee $300 ($150 for a small entity): Before being granted your patent, you will receive a Notice of Allowance if your application if found allowable. You will receive your patent if your final fee is paid within six months of this notice.
• Yearly Maintenance Fees $50 - $450: Maintenance fees are due every year beginning on the second anniversary of your filing date. Maintenance fees maintain the active status of your patent/application.

CIPO also outlines on their website the benefits of using a registered patent agent. The importance of a designated patent agent is to help you file your application following the Patent Act and Rules and to avoid unnecessary mistakes, which can quickly become costly.

If you’re looking to file a patent application in Canada or require assistance with an already filed application, you can schedule a free consultation with our patent lawyers and agents in Edmonton by clicking here.