If you are a business Corporation looking for guidance to protect your innovations by patents and/or designs, or are you looking for brand protection through trademark registration, then we can help you.
We believe that only creative assets of value should be protected. Let us help you evaluate the costs for protection, the scope of protection, and potential earnings attributed to the asset before committing funds to protect the asset. If there is value for you in protection, together we will protect it.Read More
If you are a Foreign IP Associate, or a Corporate IP Department, looking to establish a professional relationship with a Canadian Patent and Trademark Firm, then let us work with you as your Canadian representative.
We are a highly organized Firm that provides advice in all areas of intellectual property protection – patent, trademark, and design. From the initial filing of an application, through the prosecution procedure to enforcement, we strive to provide a strong level of support at an affordable price.Read More
On December 16, 2014, Bill C-34 received Royal Assent. This bill includes amendments to the Canadian Patent Act. The…
Patent Prosecution Highway (PPH) pilot agreement between Canadian Intellectual Property Office (CIPO) and the European Patent Office (EPO) comes…
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Questions Of Interest
Registered Canadian Patent Agents and Trademark Agents are the only professionals registered by and before the Canadian Intellectual Property Office (CIPO) to act as an agent for Applicants in obtaining Patent Grants and Trademark Registrations. These professionals can assist you in navigating the nuances of patent law and trademark law when seeking intellectual property protection in Canada before CIPO. For a brief discussion on the nuance between patents and trademarks please read the answer to the next question.
A TRADEMARK is typically a logo, word, coined expression or brand that is used in association with the sale of goods and services. The purpose of the trademark is to leave in the mind of the consumer a sense of quality, or characteristic of, the goods and services sold under the trademark. This trademarketing or branding is very important to a business in the marketing of goods and services over time as it builds goodwill and brand recognition with the consumer that distinguishes the business’ goods and services from those of its competitors. Trademarks can be licensed by the trademark owner for use by others. These licenses will have clauses that insure that the quality and character of the trademark is maintained by the licensee to the standard set by the owner. For example, if you are travelling in a foreign country and you see a fast food service trademark you recognize, you can be confident that what you order at that foreign fast food restaurant will be up to the same standard as what you could order at home. The value of a trademark can grow in time with continued use. For the most part, the rights in a trademark come through the use of the trademark. Trademarks can be registered in most countries around the world to give your broader protection of your trademark rights. Such registered trademarks can be renewed about every 10 years in most countries provided you are using the trademark. As long as you use your trademark, you should be able to keep your rights to this this intellectual property asset in perpetuity.
A PATENT on the otherhand, is an intellectual property asset that must be granted by a patent office in each country where the patent is to be held to become an IP asset. The patent typically expires about 20 years after filing in each country and, during that 20 year period, the patent can lapse (or expire) sooner if the maintenance or renewal fees are not paid. A patent, unlike a trademark, does not cover a logo, word, coined expression or brand. A patent provides protection for useful practical embodiments of an “inventive idea” that can relate to a new machine, method of manufacture, and chemical composition to name a few examples. In order to be granted a patent by a country, each country has patent examiners that review the patent document. The role of the patent examiner is to look after the public and the inventor’s interests and grant a fair patent. The patent document typically has a description of the invention that refers to drawings and a set of “claims” that map out or put a fence around the practical embodiments of the inventive idea for which the patentee seeks to have the exclusive or sole right to make, sell and use the invention. The patent examiner makes sure that the description is sufficient to allow a person skilled in the art or science to which the patent pertains to be able to make, sell and use the invention (once the patent expires). The patent examiner also makes sure that the scope of the invention defined by the claims is novel and inventive over what has been done before or previously patented. A patent can also be licensed and the inventor/patentee receive a royalty for the licensed use.
So as you can see, a trademark and a patent are two different types of intellectual property. A trademark brands your goods and services in the eye of the consumer with a level of character, quality and goodwill, and a patent gives a patentee the right to a patented invention for a new and useful product or process for a limited period of time.
On December 16, 2014, Bill C-34 received Royal Assent. This bill includes amendments to the Canadian Patent Act. The purpose of many of the amendments to the Patent Act is to align Canadian patent law with the Patent Law Treaty (PLT) done at Geneva on June 1, 2000.
Currently, new Regulations are being drafted to support the amendments to the Patent Act. Once these Regulations are in place, the Act will come into force. If this follows the same time line as the implementation of the new Trademark Act revisions (non-counterfeiting provisions), one might expect to the see the new Patent Act in force towards in the second quarter of 2016, if not sooner.The amendments touch on many areas of Canadian patent law, such as:
- Payment of the Filing Fee,
- Priority Date,
- Maintenance Fees on Applications and Patents ,
- Grace Period,
- Transfers of Applications and Patents,
- Intervening Rights,
- Abandonment and Reinstatement, and
- Patent Agent Representation.
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