What Should I Patent? A Decision Guide

Deciding whether to patent an idea is never straightforward. The real question isn’t “Can I patent this?” – it’s “Should I?”. It’s an important question because AI patents are on the rise, reflecting their growing role in driving growth and competitiveness for Canadian businesses. AI patents can have significant, positive impacts. Strengthening Canada’s intellectual property ecosystem is essential to ensure that Canadian innovations translate into meaningful economic and business impact.

Patents require significant time, energy, and investment. But to deliver real results, they must be rooted in clear objectives and strategy. Too often, the most advanced technology is just assumed to be the best candidate, while in reality, patenting is primarily a business decision, not a technical one.

That’s why we’re proud to share a new decision guide authored by Todd Bailey, Chief Intellectual Property Officer & General Counsel at Scale AI.