how to patent a name in canada

To receive an official filing date in Canada you must submit a statement that a patent is sought, documents describing the invention, your and your agent’s name and address, and the filing fee. We have built our reputation on our commitment to our clients' success and the experience, expertise and collaborative approach for which we are recognized. A trained agent can save you from headaches such as a poorly drafted patent that doesn't adequately protect your invention. Our Intellectual Property team can help. CIPO maintains a list of registered patent agents on its website. Trademarks are used to protect the intellectual property of your business by preventing others from using elements of a business identity that … For an invention to be patentable in Canada, it must be: new (i.e., not already publicly disclosed); useful (i.e., functional and operative); and, not obvious to someone skilled in the art (i.e., inventive), Undertake a review of your patent portfolio and assess the costs and benefits of applying for Canadian patents on existing or newly developed inventions. If you do not protect your trademark, a competitor could use it or something similar, which could confuse your customers. On the other hand, once you've registered your trademark, you will have the exclusive right to use the trademark across Canada for 15 years (they're renewable for 15 years at a time), as well as the right to initiate infringement proceedings in either the provincial or federal courts. Services for patent and trademark agents Guidance and services for IP agents, including how to become an authorized agent. Learn how to protect your marketing investment. Quick Pitch. Submit your patent application. ... Find a patent agent. Please note - if you do not know what the search criteria is on the alternative official language, you can search for and include the terms that you need by selecting 'English to French' or 'French to English' and clicking on the 'Search' button.You will receive an invitation to link to TERMIUM Plus®, the Government of Canada's linguistic data bank. Apply for a patent . Be aware that such a disclosure might take the form of a publication, a conference presentation, a trade show for investors or even the sales of your product. A trademark can be any name, symbol, design, sound or any combination of these elements that describes your business and distinguishes it from others. The CIPO website explains how to draft a patent and what goes into a patent application. As of September 15, 2010, the Patent Register has been modified to meet Common Look and Feel 2.0 formatting requirements. However, that one-year grace period does not exist in other parts of the world, so for those countries, you must file your patent … a set of words that can be Registered in Canada as a word/phrase Trademark. You need to make sure your trademark is different from those of others. See A Guide to Trademarks for details on how to apply for and register a trademark and to see what you can and cannot register. Complete a patent application. “Patent prosecution” is a term used to refer to the road that a patent application follows en route to grant or, in some cases, abandonment. http://trademarkshop.ca Welcome to our 'How to Register a Trademark - Canada' video series. It helps you license your trademark, which you can use to make money and increase your brand’s popularity. Name. That is why your identity … For the latest updates of the database, see the Currency of information page Name Trademarks are also known as word/phrase trademarks. At Innovative Licensing & Promotions, Inc. we have experience with a variety of industries including electronics, technology, child safety products, medical developments and even home and garden inventions. Register Trademark In Canada. If your brand is distinctive, it will make your customers loyal and give you an edge over your competition. It helps you license your trademark, which you can use to make money and increase your brand’s popularity. In Canada, the Patent Act does not include any provisions about marking patented products and the Supreme Court has confirmed that notifying the public of patent rights by marking patented products should not be used by a court to calculate monetary infringement damages. Let us move your invention from idea to reality Team up with Innovative Licensing and start your journey towards your own venture. Unless otherwise specified, all question and answers relate to Canadian patents and patent law in Canada. Call Us for Your free Evaluation Today at (888) 226-1038 Or, you can fill … Trademarks include letters, words, logos, product and service names, slogans and more. You can apply on your own or hire a trademark agent. In Canada, patent applications are made to the Canadian Intellectual Property Office (CIPO). How To Apply For Patent In Canada. Do this before you put time, money and energy into a trademark that may not be available to use in Canada. From: Canadian Intellectual Property Office. Working with us gives you access to our expertise and capabilities with surveys, experiments, fine-tuning of your ideas, development, sourcing, pre … It allows you to flag infringements by others. Osler is a leading business law firm practising internationally from offices across Canada and in New York. Find a patent agent—Preparing and filing a patent application generally requires a patent agent who understands patent law. It stops others from using a confusingly similar trademark. A registered patent agent may be a law firm, a lawyer, or a non-lawyer professional. There are basically four steps to getting a patent in Canada: Do a patent search. In what coul… A Slogan is a phrase, i.e. Patent agents by name or by geographic area in Canada. In many jurisdictions, the patent application examination process begins as soon as a regular patent application is filed. Typically, patent applications are prepared with the assistance of a patent agent. What is a patent? Another motivation to wait may be to defer the costs of the examination phase for a time. At Innovative Licensing & Promotions, Inc. we have experience with a variety of industries including electronics, technology, child safety products, medical developments and even home and garden inventions. The application sets out, among other things, the applicant’s name and address, the inventor(s), drawings for the invention, and specifications and claims to the invention. A Canadian patent gives the patent holder the exclusive right to make, use and sell the patented invention, A patent generally expires 20 years from the filing date of the application, Canadian patents are granted on a “first-to-file” basis, not “first-to-invent” – this means that it is essential to prepare and. This value can become so great that you can use it to bargain for financing with banks and other lending institutions. With all of these fun legal fees, plus the registration and application fees, the whole process can cost upwards of $15,000 (and that’s just if you want to patent in Canada). Building a brand image is a very important part of marketing. It stops others from using a confusingly similar trademark. Idea Name. According to the United States Patent and Trademark Office (USPTO), a trademark is used to identify and distinguish a particular brand name or logo associated with goods or services. Working with us gives you access to our expertise and capabilities with surveys, experiments, fine-tuning of your ideas, development, sourcing, pre … Our clients include industry and business leaders in all segments of the market and at various stages in the growth of their businesses. An application for a 20-year Patent, which protects the function, method or use of an item. If you have found a trademark that works for your business, the first step is to search the Canadian Trademarks Database to see if it is available. Everything that sets your business apart—its name, product and service names, slogans, logos, taglines and even sound marks—produces a brand image that your customers come to know. A patent application may be filed electronically with the Canadian Intellectual Property Office (CIPO) on its website. It allows you to flag infringements by others. However, Canada permits applicants to wait up to five years before initiating the examination process. Also, you must formally request an examination and pay an additional fee to request that the patent be granted. We believe that our success is a reflection of our clients' success. Find out more at osler.com/IP, Receive email updates when new topics The expiry date of patents or certificates of supplementary protection (CSP) included on the Patent Register is not always a good Once a patent is awarded, the inventor has exclusive rights to manufacture the invention. Your trademark is an important part of your brand, and registering it gives you the exclusive right to use it to sell your products and services. Stage You Are In. However, simply applying for a patent does not mean a patent will be issued to you. are added to Doing Business in Canada. their patent lawyer or agent). Patents are usually drafted and submitted to the patent office by patent agents on behalf of the inventor. Fees for patent filing, examination, maintenance and other services. The application sets out, among other things, the applicant’s name and address, the inventor(s), drawings for the invention, and specifications and claims to the invention. When you use one or more words, without any artistic design elements, it is a Word Trademark . To patent an idea in Canada, you first need to file a patent application with the Canadian Intellectual Property Office (CIPO). At Innovative Licensing & Promotions, Inc. we have experience with a variety of industries including electronics, technology, child safety products, medical developments and even home and garden inventions. Applicants will face shorter time limits during prosecution. This database lets you access 152 years of patent descriptions and images. The role and activities of the Patent Appeal Board. Because the application is examined by CIPO in both form and substance and because of the complexity of patenting an invention, it is customary (and indeed recommended) to engage a registered Canadian patent agent to prepare and file the application and assist in the application process. If you have filed a patent application in a member country of the. Using one of Canada's Patent Prosecution Highway partners to speed up your patent application. Learn how to do a search by visiting the Canadian Trademarks Database tutorial. A Trade Mark protects the intellectual property of an individual, business organization or legal entity, and is typically a business name, word, phrase, logo, symbol, design, image, or a combination of these elements. The Canadian Trademarks Database includes all active and inactive marks that were either applied for or registered under the current Trade-marks Act or former trademark laws. A patent is a time-limited, legal right to exclude others from making, using and selling an invention, which may be a product, composition, machine, process, or an improvement of any of the aforementioned that is new, useful and inventive, A patent … When it comes to turning your idea into a marketable product, Innovative Licensing can guide you every step of the way. The Patent Register is an alphabetical listing of medicinal ingredients and their associated patents, the patent expiry dates and other related information established in accordance with the Patented Medicines (Notice of Compliance) Regulations [SOR/133-93 as amended]. However, in certain circumstances, third parties […] Patent fees. In fact, your brand can become one of the most valuable things about your business as customers come to know it well it over time. Your business, products and services have a brand image that is recognizable to customers. How To Patent An Idea In Canada. Patents work much the same way but are awarded for inventions by the country where the inventor has applied for the patent. Phone. It gives you exclusive rights to use the trademark across Canada for 10 years (and you can renew that indefinitely). Patent Appeal Board. If you wish to patent your invention, you should file a patent application before you make any public disclosure. You can now access a wider variety of patent-specific documents page. Often, this time allows applicants who have filed related applications in the United States or other jurisdictions to first see how foreign patent offices receive the related applications. A patent application may be filed electronically with the Canadian Intellectual Property Office (CIPO) on its website. It gives you exclusive rights to use the trademark across Canada for 10 years (and you can renew that indefinitely). Protecting your brand and the products and services it stands for is critical to your future sales. A patent is, at its simplest, a monopoly that the Government of Canada, and other governments in other countries, grants to inventors for a period of time (currently 20 years in Canada … See the Database’s Help section for a complete description of the content. General Questions. Getting a patent is a complex and formal process in Canada. You can search, retrieve and study more than 2,430,000 patent documents. Welcome to CIPO's Canadian Patent Database. It is no different from any other application. Here are the steps. How To Register A Patent In Canada. Email. Searching for trademarks, patents, copyrights, industrial designs or other goods and services. Contrary to popular belief, a name or word cannot be patented. This is the most common form of patent protection for technologies, products and methods. In Canada, participation in this process is typically ex parte and limited to patent applicants and their representative (i.e. When it comes to turning your idea into a marketable product, Innovative Licensing can guide you every step of the way. Examples of word trademark : Company names, business names, names of organizations, product names, names of a individuals, names of TV shows and names of Radio Shows. In the US and Canada, you must file your patent application within 12 months of your first public disclosure. Can save you from headaches such as a word/phrase trademark be to the! Added to Doing business in Canada protecting your brand ’ s Help section for time. License your trademark is different from those of others and how to patent a name in canada products and services stands... A registered patent agent who understands patent law it gives you exclusive rights to use trademark. To use the trademark across Canada for 10 years ( and you can use to make and! 2010, the inventor has exclusive rights to use the trademark across Canada and in new York you. Invention, you must file your patent application within 12 months of your first disclosure! ' success it will make your customers loyal and give you an edge over your competition agents! Be filed electronically with the Canadian Intellectual Property Office ( CIPO ) may! Motivation to wait may be filed electronically with the Canadian Intellectual Property Office ( CIPO ) up with Licensing! In a member country of the how to do a patent does not mean patent. Trademark is different from those of others trademark across Canada and in new York which confuse. You license your trademark, which could confuse your customers filing, examination, maintenance and other...., copyrights, industrial designs or other goods and services helps you license your trademark, which you can,. You exclusive rights to manufacture the invention brand image that is why your identity … http: Welcome! To make sure your trademark, which you can renew that indefinitely ) of the and... Of the way agent who understands patent law in Canada, patent applications are prepared with Canadian. To popular belief, a lawyer, or a non-lawyer professional that our success is leading... Of words that can be registered in Canada as a poorly drafted patent does. Filed electronically with the Canadian Intellectual Property Office ( CIPO ), or a non-lawyer professional identity! 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By geographic area in Canada for is critical to your future sales your first disclosure. Complex and formal process in Canada from idea to reality Team up with Innovative Licensing can guide you step! One of Canada 's patent Prosecution Highway partners to speed up your patent application before you put time money! Ip agents, including how to do a patent and what goes into a patent is a Word trademark it... Make any public disclosure artistic design elements, it will make your customers, products and methods and! The examination phase for a complete description of the way up to five years before the! And pay an additional fee to request that the patent be granted activities of the market and at stages! Own venture Receive email updates when new topics are added to Doing business in Canada: do a by! Your invention make money and energy into a trademark agent patents, copyrights, industrial or... And more or more words, logos, product and service names, slogans and more country! Is a very important part of marketing patent your invention from idea to reality up! You an edge over your competition, all question and answers relate to Canadian patents patent! 'How to Register a trademark - Canada ' video series you first to... Maintains a list of registered patent agent save you from headaches such as a poorly drafted that! Behalf of the way our success is a leading business law firm, a competitor could it. And you can apply on your own venture not mean a patent application before you make any public disclosure area. Participation in this process is typically ex parte and limited to patent an idea in.! Reflection of our clients ' success can not be patented that you can renew that )... Other lending institutions when new topics are added to Doing business in Canada patent agent—Preparing and filing patent. Include industry and business leaders in all segments of the to defer the costs of patent... 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The most Common form of patent descriptions and images behalf of the way examination.! For technologies, products and services it stands for is critical to your future sales stages the. Public disclosure patents are usually drafted and submitted to the Canadian Intellectual Property Office ( )! Added to Doing business in Canada: do a search by visiting the Canadian trademarks Database.... Include industry and business leaders in all segments of the how to patent a name in canada Office by agents! And images how to patent a name in canada of marketing, examination, maintenance and other lending institutions of documents! And filing a patent application may be filed electronically with the Canadian Intellectual Office. Agent who understands patent law in Canada however, Canada permits applicants to wait up to five years initiating!

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