Typically, the first step in the patenting process is a brief meet-
ing with a patent agent who will ask you questions about your idea to establish the category (ies) of intellectual property protection that best suit your idea. If it is established that your idea qualifies as patentable subject matter, then the patent agent will typically conduct a quick patent search of the records of CIPO and/or the United States Patent and Trademark Office. Once a patentability search has been conducted, your patent
agent will provide you with a search report and a patentability opinion advising not only whether you should pursue a patent or not, but also the scope of protection any patent that may issue to you will provide. Once the opinion stage has been completed, you and your patent
agent will sit down and draft the outline of your patent application. The claims of a patent are what define the bounds of your intellectual property. Once a patent application has been finalized, it is then filed with CIPO, and once examination has been requested, a patent examiner will examine your application to ensure it complies with the Patent Act and the Patent Rules. If you receive an unfavourable report from the examiner, your patent agent will draft a response to the report with the objective to overcome the unfavourable report and receive a notice of allowance. If you receive a favourable report from the patent examiner,
a notice of allowance will be issued to you and upon payment of an issue fee, CIPO will grant you a Canadian patent. Throughout the life of your patent application and patent, CIPO requires that maintenance fees be paid to maintain the application (or patent) in good standing. If your market extends beyond Canada, you should consider
seeking patent protection in foreign jurisdictions. A patent agent can assist with this endeavour as well. There are many other examples of individuals and companies
that have come up with an idea and pursued protecting their in- tellectual property. Whether you are currently running a fitness business and have a new idea, or are in the process of starting a business, consider consulting with a patent or trademark agent before disclosing to anyone. Many patent and trademark agents provide a free brief pre-
liminary consultation. A list of registered patent agents in Canada is available at:
http://www.ic.gc.ca/cipo/agentdb.nsf/pagents- eng?readform. Dedicating the same time and effort you currently allot to your
fitness and health should also be considered in securing any and all intellectual property rights available to you. This is a necessary step in strengthening and building a healthy intellectual property portfo- lio that will service you and your business for years to come.
Marcelo K. Sarkis is a senior member of Heenan Blaikie’s Intellectual Property Group. He has over 20 years experience in the drafting and prosecu- tion of patent applications and has advised clients on the procurement, management and value as- sessment of intellectual property rights in various jurisdictions. He is a Fellow of the Intellectual Property Institute of Canada and a registered professional engineer in Ontario. He is also an
avid fitness enthusiast and is a 5th dan in taekwondo. He can be contacted at 416-643-6919 or
msarkis@heenan.ca.
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