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Patent

Patent FAQ

. . . Patents are a type of intellectual property protection that applies to new inventions and innovations, and are essentially a legal safeguard of proprietorship of the invention. They are essentially a reward and incentive for ingenuity.

How American Businesses Can Save Money on Patents

Businesses are somewhat hesitant to undertake the expense of protecting their patentable intellectual property despite its value as, securing a United States patent, from start to finish, can cost thousands of dollars.

10 Ways to Fund Patenting Costs

The value of intellectual property in today’s economy cannot be overstated but is often overlooked. In 2008, intellectual property composed 31.2% of all intangible wealth in Canada, amounting to $47 billion; this proportion continues to grow as intangible industries expand and tangible industries experience little to no change.

The Basics of Trade Secrets

Your confidential and proprietary business, financial and technical information forms the trade secrets of your business. Secret technology, secret recipes, secret processes, and secret customer data can all constitute trade secrets in particular circumstances.

Costs to Expect during the Patent Application Process

As with any step or component of a business plan, the value of seeking a patent must be evaluated in light of associated costs. A patent application process can often take a couple of years, with professional and government fees arising at various stages.

Understanding the Canadian Patent Application Examination Process

The Canadian patent application examination process typically involves a predictable series of events.

The Benefits of Use of 'Patent Pending'

As the patent process can take years, one way to capitalize on your patent investment immediately is to notify the public that you have applied for a patent.

Should I Use a Non-Disclosure Agreement or File a Provisional Patent Application?

It's a dilemma familiar to many inventors: you want to keep your invention secret, but you're eager to share the results of your hard work.

Licensing Your Patent: Steps and Strategies

Obtaining a patent is not the last step. You may choose one of several paths to commercialize or monetize your patented invention.

Patent Searches and Opinions: Patentability vs. Freedom to Operate

One question that generally comes with a new idea is how to protect it — and whether another party might already hold rights.

The Basics of Disclosure in Intellectual Property

Sharing your idea with investors or the market too early can endanger your rights if you hope to protect it with a patent or design registration.

Can I Patent My Idea? The Basics of Patentability in Canada

Patents encourage investment in R&D by granting protection to applicants of allowable patent applications.

Patent Maintenance Fees

Canadian patent applications require annual maintenance fees from the 2nd to the 19th anniversary of filing.

How Long Does It Take to Get a Patent?

In Canada, the average time is 33.6 months; in the U.S., it's around 24.3 months from filing to grant.

What Is the Difference between a Patent Search and a Patentability Assessment?

A patent search is only the first step; a patentability assessment adds analysis and a written report.

Key Features of Canadian Patent Prosecution for Foreign Associates

While similar to the U.S., Canadian prosecution has unique rules that foreign agents should note.

What Is a Provisional Patent Application?

A U.S.-specific filing that allows inventors to secure a filing date with a preliminary, incomplete application.

The Pitfalls of Drafting Your Own Patent Application

Developing products requires investment, and DIY patent drafting can put your protection at risk.

International Patent Protection via the PCT

The PCT enables inventors to seek protection in 152 countries with a single application filing.

What Is a Patent?

A great idea unprotected is likely to be taken — patents safeguard your innovations.

How to Conduct a Patent Search

A proper search can prevent wasted investment and guide your commercialization strategy.

Securing Patent Protection in the United States

Given U.S. market size, many Canadian businesses file for protection south of the border.

Securing Patent Protection in Europe

The European Patent Office is the second most popular destination for Canadian filings.

Double Patenting in Canada

The rule against double patenting prevents more than one patent being granted for a single invention.

Understanding the Invalidation of Patents Post-Grant

Patents can be challenged in both Canada and the U.S. under certain conditions.

Patent Term Adjustment in the U.S. and Additional Term in Canada

Patent offices provide mechanisms for extending patent terms in specific circumstances.

What Is a Trademark?

A trademark protects rights to your brand, slogan, logo, or other aspects of your corporate image and reputation.

Significant Amendments to the Canadian Trademarks Act

On June 17, 2019, major amendments to the Canadian Trademarks Act came into force, introducing substantial changes.

Where Should I Register My Trademark?

Choosing jurisdictions wisely ensures that your brand name, slogan, or logo is properly protected where it matters.

How to Protect Your Trademarked Goods on Amazon

The Amazon Brand Registry can help you protect your products from counterfeiters and IP infringement online.

How to Devise a Good Trademark

Not all trademarks are equal — learn what makes a mark distinctive and eligible for federal protection.

The Name Game: Corporate, Business, Domain, and Trademarks

Understanding the legal differences between naming conventions helps avoid costly mistakes.

The Business Benefits of Sound Trademarks

Beyond words and images, sound trademarks can strengthen brand recognition and consumer trust.

Trademark Symbols Explained

Learn the meaning of ™ and ® symbols and how they signify legal trademark protection in Canada.

Conducting Trademark Searches

Trademark searches can prevent disputes and protect your brand before registering in your jurisdiction.

Developing a Trademark Strategy

A distinct and unique brand strengthens recognition but must also be safeguarded from competitors.

Protecting Your Trademarks outside Canada

Canadian registration protects only in Canada — filing abroad is required to extend protection globally.

Registered vs. Unregistered Trademarks in Canada

Unregistered marks offer common law rights, but registered marks provide stronger, enforceable protection.

Trademark Registration for Your Corporate Name

A corporate name can also serve as a valuable trademark, representing quality and reputation with consumers.

11 Benefits of Registering Your Trademark in Canada

Registration supplements common law rights and provides significant advantages for trademark owners.

Foreign Associates: Filing Information for Canadian Trademarks

Guidance for foreign lawyers and agents on the documents needed for Canadian trademark filings.

What Business Lawyers Should Know About Trademarks

Key insights on the crossover between trademark law and corporate law for referral partners and businesses.

Madrid Protocol Trademark Applications

The Madrid Protocol streamlines filing in multiple jurisdictions for international brand protection.

Common Law Trademark Rights in Canada

Trademarks can be protected via registration or under the common law using the tort of passing off.

Changing Trademark Use as Your Business Evolves

Adapting your trademark must be done carefully to ensure previously associated rights are preserved.

How to Expunge Registered Trademarks in Canada

The Trademarks Act provides summary cancellation and expungement proceedings for removing marks.

Breaking Down Common Trademark Misconceptions

Despite being everywhere, trademarks are misunderstood — here are common misconceptions clarified.

What Does It Cost To Register a Trademark in Canada?

Trademark registration involves official fees, professional fees, and applicable taxes.

Applying for a Trademark in the European Union

Trademark protection in the EU requires registration — common law rights do not apply as in Canada.

Protecting Your Trademark in the United States

Expanding into the U.S. requires comprehensive trademark protection, similar to Canada.

Protecting Your Trademark in Mexico

Canadian businesses entering the Mexican market should secure trademark registration to succeed.

Protecting Your Trademark in the United Kingdom

The UK is a popular jurisdiction for Canadians to register trademarks, reflecting strong trade ties.

Protecting Your Trademark in Brazil

Brazil is one of Canada’s largest trading partners, making trademark registration there valuable.

Why Hire a Trademark Professional?

DIY applications may seem easy, but professionals ensure accuracy and stronger protection.

Trade Dress Protection in Canada

Trade dress includes the appearance of a product or packaging and can be protected as a trademark.

Trademark Use & the French Language in Quebec

Quebec’s language laws affect how trademarks are displayed alongside French in commerce.

Official Marks in Canada

Unique to Canadian trademark law, official marks receive protection under the Trademarks Act.

Certification Marks in Canada

Certification marks distinguish goods and services that meet defined standards from those that do not.

Comparing Trade Dress Protection in Canada and the U.S.

Trade dress law differs between Canada and the U.S., with varying levels of recognition and protection.

Copyright FAQ

Copyright protects creative works like music, poetry, literature, and art while encouraging continuous production of such works.

How to Stop Website Content Scrapers

Content scraping occurs when your original work is copied and republished online without permission.

What Is Copyright and How Does It Apply to Students?

Copyright gives legal protection to literary, dramatic, artistic, and musical works, granting owners the right to exclude others from using them.

Debunking Common Copyright Myths of the Online World

Copyright Infringement Online

The Internet makes sharing works easy, but also enables infringement through illegal downloading and distribution.

Copyright Infringement Defences in Canada

If accused of infringement, there are legal defences available under Canadian copyright law.

Understanding Moral Rights under Copyright Law

Beyond financial rights, creators also hold moral rights tied to authorship and integrity of their works.

Protecting Your Content Online

Steps can be taken to safeguard your original content online and reduce unauthorized reproduction.

Copyright Symbol Explained

Learn the meaning of the © symbol and how it relates to protecting creative works shared online and offline.

Copyright and the Public Domain

Works in the public domain can be freely used, but unauthorized use of copyrighted works is infringement.

Industrial Design FAQ

An industrial design, also known as a design patent in the U.S., protects the aesthetic or ornamental aspects of a product.

The Basics and Benefits of Industrial Design

Industrial design protection safeguards the visual features of an article such as its shape, pattern, or ornament.

Industrial Design Applications Under the Hague Agreement

The Hague System enables international registration of industrial designs across 69 contracting parties.

Intellectual Property Litigation FAQ

Intellectual property litigation involves pursuing legal action in court against parties who infringe your intellectual property rights.

How to Enforce Your Rights in Domain Name Disputes

When others use a domain identical or similar to your trademark or trade name, it can confuse customers and harm your business.

How to Use Court Injunctions in Intellectual Property Disputes

Injunctions are often sought by plaintiffs as remedies in intellectual property infringement proceedings.

What to Do If You Have Received a Cease and Desist Letter

A cease and desist letter informs the recipient of alleged infringement and warns of potential legal action if the conduct continues.

What You Need to Know about Canadian Trademark Opposition Proceedings

Anyone may oppose a trademark application in Canada on four grounds under the Trademarks Act.

I Think My Intellectual Property Rights Are Being Infringed; What Now?

If someone is using a trademark you created and used in business, here’s what steps you can take.

Trademark Infringement and the Tort of Passing Off

Passing off protects goodwill and prevents others from misrepresenting their goods or services as yours.

Damages for Intellectual Property Infringement in Canada

The recoverable damages amount often influences a plaintiff’s decision to pursue intellectual property litigation.

What Is Patented Medicines (Notice of Compliance) Litigation?

The PM(NOC) Regulations, first enacted in 1993 and amended in 2017, govern litigation involving patented medicines in Canada.

The Scientific Research and Experimental Development Tax Incentive Program (SR&ED)

SR&ED is a generous tax credit offered by the Canadian government to businesses that advance technology.

How to Make a Business Plan for Commercializing Your Invention

A strong business plan ensures your invention successfully makes it from concept to market.

Marketing Your Invention

Even the most useful invention can fail commercially if the market is unaware of its benefits.

Strategies for Funding the Commercialization of an Invention

Taking an invention to market requires funding for development, production, IP protection, and more.

How to Crowdfund an Invention without Losing Intellectual Property Rights

Crowdfunding can finance commercialization but must be balanced with protecting your IP rights.

Rebranding Your Business: Steps and Strategies

If your current brand no longer resonates with consumers, strategic rebranding may be the solution.

Determining the Value of Your Intellectual Property

Intellectual property forms a growing share of wealth, especially in knowledge-driven economies.

How to Monetize Intellectual Property

IP assets can diversify revenue streams and strengthen competitiveness.

Innovation Funding and Grants

Explore available sources of funding and grants to support innovators in Canada.

Ten Key IP Questions You Should Consider When Starting a Business

Failing to respect IP rights when starting a business can result in liability and forced rebranding.

How to Create an Effective Intellectual Property Monetization Strategy

A solid IP monetization strategy ensures your intangible assets align with business goals.

Protecting, Licensing and Enforcing Your Rights in Digital Publications

Digital publishing offers benefits but also risks, such as digital piracy.

Legitimizing Your Side Hustle

Taking steps to legitimize your side hustle protects your investments and builds customer trust.

Why European Businesses Ought to Enter the Canadian Market

CETA reduces trade barriers, enabling EU businesses to better compete in Canadian markets.

Does My Business Need a Privacy Policy for its Website?

A privacy policy helps retain customer trust by safeguarding personal information shared online.

Government Funding and Grants

Innovation drives growth, and intellectual property plays a key role in accessing grants and funding.

Employee’s Rights to Intellectual Property

As your business grows, managing employee and contractor IP rights becomes increasingly complex.

Is My Intellectual Property Worth Registering?

Before incurring costs, consider eligibility, asset value, profitability, and deterrence benefits of IP registration.

The Importance of Registering Intellectual Property Transfers

Registering transfers ensures IP rights can be effectively sold, licensed, inherited, or used as collateral.

The Inheritance of Intellectual Property

IP rights persist beyond the creator’s life, raising important estate planning considerations.

Protecting Your Intellectual Property from Infringement

The value of IP is preserved only if infringements are addressed and rights actively enforced.

Intellectual Property Ownership Considerations for Employees and Contractors

Many valuable IP assets are created by employees and contractors, requiring clear ownership agreements.

What You Should Know about Intellectual Property Licences and Transfers

IP is by default owned by its creator, but licences and transfers may alter ownership and usage rights.

The Value of Intellectual Property

As economies shift toward innovation, IP represents an increasingly critical share of national wealth.

Statistics on the Value and Importance of Intellectual Property

Knowledge-based industries drive over half of Canada’s economy, showing the rising importance of IP.

Avoiding Intellectual Property Pitfalls When Starting a Business

Entrepreneurs must prioritize IP management early to avoid costly legal and branding risks later.

Intellectual Property Considerations in Closing Your Business

Shutting down a business raises unique issues about handling and transferring IP rights.

Pursuing Intellectual Property Assets as a Creditor of a Bankrupt Party

IP assets may be overlooked in bankruptcy, yet they can represent significant value for creditors.

How to Protect Your IP Without Non-Compete Clauses in Ontario

With non-competes banned, businesses must find alternative ways to protect intellectual property.

What Does the Canadian Intellectual Property Office Do?

CIPO administers IP rights in Canada under federal jurisdiction, ensuring consistent national rules.

What are Plant Breeders’ Rights?

Plant Breeders’ Rights grant exclusive control over new plant varieties for up to 25 years.

ChatGPT IP Issues FAQ

Exploring the intellectual property questions and implications surrounding generative AI technologies like ChatGPT.