Patent protection is obtained once a patent is granted by the Canadian Patent Office. A measure of protection is also available during part of the time that your patent application is pending, provided that you ultimately obtain a patent. The term of protection for issued patents is twenty years from the filing date of the application. Until a patent application is filed, you should not disclose your invention to any other person as this may affect your entitlement to patent protection.
Trade Marks are protected at common law in the geographic area where they are used. Registered trade marks, on the other hand, are registered under the Trade Marks Act, and are registered for all of Canada. One significant advantage of applying to register your trade mark is that you can do so for a trade mark that you intend to use, but have not yet done so. Trade marks are registered for an initial period of 15 years, and may be renewed for further 15 year periods, indefinitely.
For Industrial Designs, protection arises when your design has been registered under the Industrial Design Act. Registration is for a period of ten years with a maintenance fee payable at the five-year mark. If your design has already been published, your application must be filed within one year of the date of publication.
In Canada, Copyright arises as soon as the work is created. Registration of your copyright is optional but recommended. A certificate of registration is proof that copyright applies to the work and that the person registered is the owner of such copyright. The general term for which copyright subsists in most works is for the life of the author plus fifty years after the calendar year in which the author dies.
In all cases, appropriate applications for Canada are filed with the respective department of the Canadian Intellectual Property Office.
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The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007