For inventions, it is helpful to use a work book to record your idea as well as its development. This may be useful if you ever have to prove that the idea was yours, and when you developed it. However, you should be aware that Canada has a « first-to-file x' system for patents which means that the first inventor to file an application for the same invention will be granted a patent. It is important, therefore, to file your patent application as quickly as possible, and to keep your invention secret until this application is filed.
For stories, poems, and other literary and artistic works, a work book is also an excellent way to record your ideas. In Canada copyright arises as soon as the work is created. Registration of your copyright is optional but recommended.
The work book should be one which is not capable of being altered at a later date. Thus, the work book should be one with a binding, not a loose-leaf type. If you wish to insert additional pages or clippings in the book, attach them with glue or tape.
Number the pages consecutively and include a place at the bottom of the page for you to date and sign the page. You can include a copyright notice on the page with the copyright symbol « C» in a circle, your name, and the date. Have each page witnessed by a family member, friend, or lawyer.
There is a popular misconception that you should mail your notes to yourself so that you have an envelope with a date stamped by the Post Office. This is of virtually no value at all. A witness who has signed your notes is better able to be called to testify if the originality of your idea is ever questioned.
Keeping accurate records of your work from an early stage will prove to be extremely valuable in the long term.
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Copyright © R. William Wray & Associates 1995-2007 All rights reserved.
The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007