requested. This information is useful in determining whether or not the application is to enter other countries at the end of the PCT proceedings.
4.2 When will I get a Patent?
This will depend on the country you are patenting in, with the total time from submission to granting ranging from two to ten years. Fortunately the invention is protected from the date of publication, provided that a patent issues from the
In the U.S. patents generally issue within 3 years, while Canadian
patents on average take 4-7 years to issue. This is partially due to the number of patent examiners available in various disciplines, and whether or not examination has been requested in a timely manner. A Notice of Allowance will be received once the patent examiner determines that the patent does meet all patentability criteria, and the granted patent will be received in the Business Development Office within 3-6 months after payment of the final fee.
4.3 What are the Costs of Patenting?
The development of a patent application will usually cost between $5,000 and $10,000. This will be an iterative process involving the inventor(s), the Technology Transfer/Business Development Office and the patent agent. Routinely, both US and Canadian patents are filed and, in rare cases, where market demand can be demonstrated, or where external (sponsors) funds are invested, patents can be filed
in other countries as well.
As a guideline patenting will cost about $10,000 per
country over the life of the patent. However the US patent office is considering a significant increase in patenting costs in 2003, and this guideline may need to be revised upwards.
The Technology Transfer/Business Development office normally bears the initial cost of protecting and exploiting your invention. If it is successful in generating income, the first charge on that income is reimbursement of the costs. Thereafter, income will be divided between the Institution and the inventors. The inventor's share of net revenues (currently 80% of the first $100,000 net revenues and 50% thereafter) will follow the latest APUO Collective Agreement. Link: http://www.apuo.uottawa.ca/Info/Convention/35.htm
4.4 If I Opt to Patent, When Can I Publish?
Once a patent application is filed, the inventor can publish.
It should be noted that a provisional patent may be filed first if it is required that the application be filed in a rush (due to a planned disclosure of the invention). [There are no real cost savings in taking this route.] However, it is strongly recommended that a full application be filed to ensure that the earliest priority date is obtained. By filing the application, this allows the researcher to get an initial filing date for the