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Abandonment
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An application for any of your IP rights (patents, industrial designs, trademarks) can be deemed abandoned if the applicant does not complete all the application requirements through the entire application process within a specified timeframe.
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Alternative Dispute Resolution
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Methods for resolving disputes between parties without going to court. The most common forms of alternative dispute resolution are mediation, arbitration, conciliation and a combination of mediation and arbitration called “med-arb”.
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Arbitration
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In arbitration, a neutral, trained arbitrator serves as a judge who is responsible for resolving the dispute. Like in a lawsuit, the arbitrator listens to arguments and evidence, then makes a binding decision. Arbitration proceedings are usually confidential, and the outcome is binding and cannot be appealed.
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Canadian Intellectual Property Office (CIPO)
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Canadian Intellectual Property Office (CIPO) administers Canada’s intellectual property rights system: patents, trademarks, copyright, and industrial designs. CIPO is a special operating agency of Innovation, Science and Economic Development Canada.
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Commercialization
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Commercialization is a process by which an innovation that was developed (commonly in universities) is introduced to the commercial market and monetized. Commercialization is usually done in stages, with intellectual property analysis being one of the most critical steps.
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Copyright
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Copyright gives the creator of a piece of ‘original work’ the legal right to produce, copy, license, sell, perform or publish all or part of it in any form. The ‘work’ may be artistic, musical, literary, dramatic, or educational (including computer programs), and it also includes things like performer’s performances, sound recordings and communication signals. When you own the copyright in a work, you control how it is used and those who want to use the work have to buy or otherwise get your permission.
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Copyright Berne Convention
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The Berne Convention for the Protection of Literary and Artistic Works, which was held in Berne, Switzerland, on September 9, 1886, is an international copyright agreement that mandates equal treatment of copyrighted works by Berne signatory countries. It provides authors, musicians, poets, painters and other creators with the means to control how their works are used, by whom, and on what terms. As of November 2022, the Berne Convention has been signed by 181 out of 195 countries worldwide. It requires signatory member countries, which Canada is a part of, to recognize copyrighted works in the same way that its national copyrights are recognized. Foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that signed the Berne Convention agreement.
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Cross-Licenses
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Cross-licenses are agreements between two or more parties that allow them to use each other’s intellectual property (IP) rights, such as patents or trademarks, without infringing on each other’s rights. In simpler terms, it’s like a trade or sharing arrangement for valuable ideas or inventions.
Imagine two companies, A and B, that have developed unique technologies. If A wants to use B’s technology, but B also wants to use A’s technology, they can enter into a cross-license agreement. This agreement grants each company permission to use the other’s technology without facing legal consequences for infringement. This kind of arrangement promotes collaboration and innovation between companies, as they can focus on creating new products or improving existing ones by leveraging each other’s expertise.
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Disclosure
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In the context of intellectual property, disclosure refers to the act of making information about an invention or creation publicly available. It involves revealing details about the invention, its functionality, features, and other relevant information that would enable others skilled in the field to understand and potentially replicate the invention.
In Canada, the patent system follows the principle of “relative novelty” or “novelty with a grace period.” This means that an invention can be disclosed or made public for up to one year before filing a patent application, and it can still be considered novel for the purpose of patent protection in Canada.
On the other hand, under the Absolute Novelty System, any public disclosure of the invention before filing a patent application can invalidate the possibility of obtaining a patent. In countries that fall under this system (which include Europe and countries in Asia), it is recommended to file a patent application before any public disclosure occurs. Failure to file a patent application before the disclosure in these countries can result in a loss of patent rights.
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Examination
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In the context of intellectual property, examination refers to the process by which a government agency or patent office responsible for regulating intellectual property right in each country reviews and evaluates the patentability or registrability of an intellectual property application. The purpose of examination is to determine whether the invention, trademark, or design meets the legal requirements for protection and whether it is novel, inventive, distinctive, or otherwise eligible for intellectual property rights.
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Exclusive License Agreement
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An exclusive license agreement is a legal contract between two parties, commonly referred to as the licensor (the party granting the license) and the licensee (the party receiving the license). In this agreement, the licensor grants the licensee the exclusive right to use, produce, sell, or distribute a particular intellectual property (IP) asset, such as a patent, trademark, copyright, or trade secret, for a specified period of time and within specific geographic boundaries.
The key characteristic of an exclusive license is that it grants the licensee the sole right to exploit the IP asset, while the licensor retains ownership of the IP. This means that the licensor cannot grant similar rights to any other party and must refrain from using the IP in the manner specified in the agreement during the exclusivity period.
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First-to-File system
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Canada falls under a “First to File” system, which refers to a legal principle that determines the ownership of a particular invention or innovation based on the timing of the filing of a patent application. Under a First to File system, the person or entity who first submits a patent application for an invention is generally granted the rights to that invention.
In simpler terms, it means that if multiple individuals or organizations come up with the same invention, the one who files a patent application for it first will have priority and the right to claim ownership of that invention. The focus is on the timing of the patent application rather than who invented it first.
The First to File system is aimed at providing a clearer and more objective approach to determining ownership of inventions, as it avoids disputes over who conceived of an invention first and emphasizes the importance of promptly filing a patent application to secure intellectual property rights.
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Freedom to Operate (FTO) opinion
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A Freedom to Operate (FTO) opinion is a legal analysis conducted to assess whether a particular product, process, or technology infringes upon existing intellectual property rights held by others. FTO opinions are typically performed by Patent Agents/Attorneys prior to commercializing or launching a new product or technology.
The purpose of an FTO opinion is to evaluate the risk of potential infringement claims that may arise from existing patents, trademarks, copyrights, or other IP rights. By conducting an FTO analysis, individuals or businesses can identify and mitigate the risk of infringing upon the rights of others, helping to minimize the potential for costly legal disputes or injunctions.
An FTO opinion involves a comprehensive search and examination of relevant patents, patent applications, trademarks, copyrights, and other forms of intellectual property to determine whether any existing IP rights cover the specific product or technology in question. They assess the claims of existing patents and analyze the scope and validity of those claims. Based on the FTO analysis, the legal professional provides an opinion that outlines the potential risks associated with the product or technology.
An FTO opinion is a crucial tool for businesses, as it helps them make informed decisions regarding the development, commercialization, and marketing of their products or technologies. It enables them to understand the intellectual property landscape and potentially design around existing patents or seek licenses from the patent holders if necessary. Ultimately, an FTO opinion can help businesses navigate the IP landscape and minimize the risk of infringement claims.
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Geographical Indicators
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Geographical Indicators (GIs) are signs or symbols used on products that have a specific geographical origin and possess qualities or a reputation that are attributable to that origin. These indicators serve as a form of intellectual property rights and are used to protect and promote products that are closely linked to a particular region, territory, or country.
GIs are typically used for agricultural products, foodstuffs, wines, spirits, handicrafts, and other manufactured goods. They provide a way to highlight the unique characteristics, qualities, and traditional production methods associated with a specific geographical area. GIs can also contribute to the economic development of a region by promoting its products and supporting local industries.
To qualify for protection as a GI, a product must possess certain qualities or characteristics that are essentially derived from its geographical origin. These qualities can include factors such as climate, soil, traditional knowledge, and specific production techniques that are unique to a particular area.
GIs are protected at both the national and international levels. Different countries have their own laws and regulations governing GIs, and international agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) administered by the World Trade Organization (WTO), provide a framework for the protection and recognition of GIs on a global scale.
By protecting GIs, consumers can make informed choices about the origin and quality of products, while producers can maintain their market share and prevent others from misusing the reputation and goodwill associated with the geographical origin of their products.
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Industrial Design
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Industrial design refers to the protection of the visual appearance or ornamental aspects of a product. It is a form of intellectual property that safeguards the unique and distinctive design elements of a product, rather than its functional or technical features.
Industrial design protection can apply to a wide range of products, including consumer goods, furniture, packaging, automotive designs, electronic devices, and more. The protected design may encompass features such as shape, configuration, pattern, ornamentation, or a combination of these elements. Some examples are the unique shape of the Coca-Cola bottle, the shape of the Lamborghini car, the pattern of a knitted sweater, and the shape of a cell phone device.
The purpose of industrial design protection is to prevent unauthorized copying or imitation of the visual aspects of a product’s design. By obtaining industrial design rights, companies, designers, and manufacturers can prevent others from using their unique designs without permission, thereby maintaining a competitive advantage in the marketplace.
In Canada, when you register your industrial design, you gain exclusive, legally enforceable rights for up to 10 years. You may sell your rights or license others to make, use and sell your design.
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License Agreements
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A license agreement is a legal contract between two parties that outlines the terms and conditions for the use and distribution of a specific product or intellectual property. It grants permission to the licensee (the party receiving the license) to use the licensed material, such as software, technology, or copyrighted content, according to the specified conditions set by the licensor (the party granting the license). The agreement typically covers aspects such as the scope of the license, any restrictions or limitations on its use, payment terms, intellectual property rights, warranties, and liability provisions.
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Litigation
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Litigation refers to the process of resolving legal disputes through the court system. It involves bringing a legal case or lawsuit before a court, where the parties involved present their arguments and evidence to a judge. The purpose of litigation is to seek a legal resolution or judgment on a particular issue. Litigation typically involves various stages, including filing a complaint, conducting discovery, presenting arguments, and ultimately reaching a decision or settlement.
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Material Transfer Agreements
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A Material Transfer Agreement (MTA) is a legally binding contract that governs the transfer of tangible research materials between two parties. It ensures that the rights, obligations, and restrictions associated with the transfer and use of the materials are clearly defined and agreed upon by both parties.
MTAs are commonly used in scientific and academic research settings when researchers or institutions need to share biological, chemical, or other types of materials for collaborative or research purposes. The agreement ensures that the provider retains ownership of the material and any associated intellectual property rights while also protecting the rights and interests of the recipient.
MTAs are crucial in protecting the rights and interests of both parties involved in material transfers, ensuring proper use, acknowledging ownership, and addressing any potential legal or intellectual property issues.
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Med-Arb
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In a med-arb process, parties first reach an agreement on the terms of the process itself. Typically, and unlike the normal mediation process, they must agree in writing that the outcome of the process will be binding.
Next, they attempt to negotiate a resolution to their dispute with the help of a mediator. The mediator may discuss with each party possible solution proposals and bring disputants together to discuss their views and brainstorm solutions together.
In med-arb, if the mediation ends in a deadlock or if issues remain unresolved, at this point, parties can move on to arbitration. The mediator can assume the role of the arbitrator (if he or she is qualified to do so) and make a binding decision quickly, either on the case as a whole or on unresolved issues only. Alternatively, an arbitrator can take over the case after consulting with the mediator.
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Mediation
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In a mediation process, a neutral, trained mediator works to help the parties with a dispute come to an agreement on their own. The mediator tries to engage the parties in a discussion of the issues at the center of the dispute, and with the aid of the mediator, disputants ideally reach a voluntary, however often nonbinding agreement.
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Non-Disclosure Agreement/Confidentiality Agreement
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A Non-Disclosure Agreement (NDA), also known as a Confidentiality Agreement, is a legal contract between two or more parties that outlines the confidential information they share with each other and restricts its disclosure to third parties. NDAs are commonly used in business and legal contexts to protect sensitive information and trade secrets.
The primary purpose of an NDA is to establish a confidential relationship between the parties involved. By signing the agreement, the parties agree not to disclose or use any confidential information they receive during the course of their relationship, except for specific authorized purposes outlined in the agreement. These agreements describe the nature of the information being disclosed; the purpose for which it is disclosed; the uses to which the information may be put to use and place an obligation on the receiving party to keep the information confidential for a specified period of time. NDAs are recommended whenever proprietary information is being disclosed that is not publicly available, particularly in instances where information is being disclosed regarding patentable technology for which patent protection has not yet been sought.
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Non-Exclusive License Agreement
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A non-exclusive license agreement is a legal contract between a licensor (the owner of a particular intellectual property or asset) and a licensee (a person or entity granted permission to use the intellectual property or asset). Unlike an exclusive license agreement, which gives exclusive rights to the licensee, a non-exclusive license agreement also allows the licensor to grant similar rights to other parties.
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Non-Obviousness requirement
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Non-obviousness, also known as inventive step, is a crucial requirement for an invention to be granted a patent. In the context of patenting, non-obviousness refers to the condition that an invention must not be obvious to a person skilled in the relevant field of technology.
To meet the non-obviousness requirement, an invention must involve an inventive step that would not have been obvious to someone with ordinary skill in the field at the time of the invention. In other words, the invention should not be an obvious or predictable development of an existing field of knowledge.
When assessing the non-obviousness of an invention, patent examiners and courts consider the “prior art”, which includes existing patents, published literature, public knowledge, and other publicly available information. The examiner or court examines whether the differences between the claimed invention and the prior art would have been obvious to a person skilled in the field.
Non-obviousness serves as an important criterion in patent law to encourage and reward true innovation and prevent the granting of patents for trivial or obvious advancements that would impede progress in a particular field.
In Canada, since a patent is granted to the first person/entity to file an application on an invention, if you believe your invention meets the full criteria, you may want to consider contacting an intellectual property law firm for guidance.
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Novelty requirement
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In the context of patenting, novelty refers to the requirement that an invention must be new or novel, meaning it should not have been publicly disclosed or made available to the public before the filing date of the patent application.
To be considered novel, an invention must not have been previously known or described in a single “prior art” reference. “Prior art” includes any information that has been disclosed to the public anywhere in the world before the filing date of the patent application. This includes prior patents, scientific publications, articles, public demonstrations, or any other publicly available information.
In essence, for an invention to meet the novelty requirement for patenting, it must be different from any existing or publicly disclosed technology or information. If an invention is already known or has been disclosed before the filing date, it is considered lacking novelty and may not be eligible for patent protection.
In Canada, since a patent is granted to the first person/entity to file an application on an invention, if you believe your invention meets the full criteria, you may want to consider contacting an intellectual property law firm for guidance.
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Patent
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A patent is a legally recognized exclusive right granted to an inventor or assignee by a government authority regulating intellectual property in each country. It provides the inventor with the right to prevent others from making, using, selling, or importing their invention without their permission for a limited period of time. In essence, a patent is a form of intellectual property protection that grants inventors the ability to control the commercial use of their inventions and encourages innovation and creative efforts.
To obtain a patent, an invention must meet specific criteria, including being novel, non-obvious, and useful. The invention must also fall into one of the eligible or “patentable” categories, which varies from country to country. The patent application process typically involves submitting a detailed description of the invention, along with any necessary drawings, to the relevant patent office. If the invention meets the requirements and is deemed patentable, a patent is granted, providing the inventor with exclusive rights for a specified period. In Canada, it is 20 years from the filing date.
It’s important to note that patents are territorial, meaning they are granted by individual countries or regions. Obtaining a patent in one country does not automatically grant protection in another. However, there are international agreements, such as the Patent Cooperation Treaty (PCT), that facilitate the filing and processing of patent applications in multiple countries.
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Patent Infringement
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Patent infringement refers to the unauthorized use, manufacture, sale, or importation of a patented invention without the permission of the patent owner. A patent is a legal protection granted by a government to an inventor or assignee, giving them exclusive rights to their invention for a limited period of time. The exclusive rights granted by a patent include the right to make, use, sell, or import the invention.
When someone infringes on a patent, they are essentially using or exploiting the patented invention without obtaining the necessary permission or license from the patent owner. This can include producing and selling a product that embodies the patented invention, using the patented method, or importing a product that infringes on a patented invention into a country where the patent is valid.
If a patent owner believes their patent is being infringed upon, they can take legal action against the alleged infringer. The patent owner can file a lawsuit in a court of law seeking remedies such as injunctions to stop the infringing activity, damages for any harm caused by the infringement, and potentially, a court order for the infringer to pay royalties or license fees for the continued use of the patented invention.
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Patent Pending
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“Patent pending” is a term used to indicate that a patent application has been filed with a relevant patent office but has not yet been granted or issued as a patent. It serves as a notice to the public that the inventor or applicant is seeking patent protection for their invention.
When an inventor or applicant files a patent application with a patent office, they receive a filing date. From that date onward, they can use the term “patent pending” to warn others that they have staked a claim on their invention and are awaiting a decision on whether the patent will be granted. The term acts as a deterrent to potential infringers, signaling that legal protection may be granted in the future.
While a patent is pending, the invention’s details are typically kept confidential. However, once a patent is granted, the invention’s specifications become publicly available.
It’s important to note that the use of “patent pending” does not provide any legal protection itself. It simply notifies others that a patent application is pending and serves as a cautionary message. Once a patent is granted, the patent holder can pursue legal action against anyone infringing on their rights from the time the patent application was filed.
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PCT Application
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A PCT (Patent Cooperation Treaty) application is an international patent application filed under the provisions of the Patent Cooperation Treaty. The PCT is an international treaty administered by the World Intellectual Property Organization (WIPO) that provides a streamlined process for filing patent applications in multiple countries.
By filing a PCT application, an inventor or applicant can seek patent protection simultaneously in multiple countries that are members of the treaty. The PCT application acts as a centralized application, which allows the applicant to delay the decision on which additional countries to file for patent protection in for up to 30 months from the priority date (the earliest filing date).
The PCT application process involves filing a single application with a single patent office (referred to as the “receiving office”) in one language. The application is then subject to an international search carried out by an International Searching Authority (ISA), which identifies prior art related to the invention. Based on the international search report, the applicant can decide whether to pursue the patent application further.
After the international search, the PCT application enters the international preliminary examination phase, which evaluates the invention’s novelty, inventiveness, and utility/usefulness. The examination is conducted by an International Preliminary Examining Authority (IPEA). The applicant can choose to have the international preliminary examination carried out or skip this phase altogether.
Once the PCT application has undergone the international phase, it transitions to what is called the “national or regional phase”. During this phase, the applicant must file individual patent applications in each country they want to seek protection. The PCT application does not result in the grant of a worldwide patent. Instead, it provides a simplified filing process and additional time to make decisions regarding the commercial viability of the invention before incurring the additional expenses of filing individual applications in each country you want to seek protection in.
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Plant Breeders’ Rights
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Plant Breeders’ Rights (PBR) are a form of intellectual property protection granted to plant breeders to encourage the development of new and improved plant varieties. PBR provides legal protection to the breeder or developer of a new plant variety, giving them exclusive control over the production, sale, and distribution of that variety for a specified period of time, during which they can prevent others from commercially exploiting the protected variety without their permission. The rights apply to the propagating material, such as seeds, cuttings, or tissue cultures, as well as harvested material obtained from the protected variety, including grains, fruits, or flowers.
By granting Plant Breeders’ Rights, governments aim to encourage innovation in plant breeding and incentivize plant breeders to invest time, effort, and resources into developing new plant varieties with desirable traits such as improved yield, disease resistance, drought tolerance, or enhanced nutritional value and at the same time ensure a fair return on investment for breeders. These new varieties contribute to agricultural productivity, food security, and environmental sustainability.
To obtain Plant Breeders’ Rights, breeders must go through an application process and meet specific criteria, which typically include demonstrating distinctness, uniformity, and stability of the new variety compared to existing varieties. The breeder needs to provide evidence that the variety is novel and not previously known or available to the public.
It is important to note that Plant Breeders’ Rights are separate from patents, which protect inventions and discoveries. PBR specifically applies to plant varieties and their propagating material, while patents cover novel and non-obvious inventions or processes related to plants.
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Prior Art
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In the context of patenting, prior art refers to any publicly available information that is relevant to determining the novelty and inventiveness of an invention. Prior art includes any existing knowledge, publications, patent documents, patent applications, public talks/demonstrations, tradeshow displays, or any other form of publicly disclosed information that existed before the filing date of the patent application.
The purpose of looking through prior art is to ensure that an invention meets the legal requirements for patentability. One of the key criteria for granting a patent is that the invention must be novel, meaning it has not been disclosed to the public before the filing date of the patent application. Additionally, the invention must involve an inventive step or be non-obviousness in that knowledge field, meaning it would not have been obvious to a person skilled in the relevant field at the time of filing the patent application.
During the patent examination process, patent examiners search for relevant prior art to determine if the claimed invention is novel and non-obvious. They compare the invention’s features and functionality with the information in the prior art to assess whether the invention meets the patentability requirements.
If the examiner finds prior art that describes or renders obvious the claimed invention, it may result in the rejection of the patent application. Conversely, if the examiner does not find any relevant prior art that renders the invention obvious, it may increase the likelihood of the patent application being granted.
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Priority Date
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“Priority Date” is a crucial concept in patent law. It is the earliest date on which a patent application is filed with a patent office, establishing the applicant’s priority right to the invention.
The priority date is used to determine the novelty and inventiveness of the invention compared to prior art (existing knowledge or technology) in the field. Any information disclosed to the public before the priority date is considered prior art and may potentially invalidate the patent application.
When an inventor or applicant files a patent application, they may seek protection for their invention in multiple countries. The priority date is especially relevant in the context of the Paris Convention, an international treaty to which many countries are signatories. The treaty allows applicants to secure protection for their invention in one country initially and then file a subsequent patent application in other member countries within 12 months of the first filing, without losing their priority rights.
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Provisional Patent Application
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A provisional application is a simplified patent application filed with the United States Patent and Trademark Office (USPTO) to secure an early filing date for an invention. It is a preliminary, temporary application that allows inventors to secure an early filing date (also known as a priority date) for their invention while they work on further development and refinement and, at the same time, defer costs.
The primary purpose of a Provisional Application is to provide inventors with a one-year grace period during which they can further develop their invention, conduct market research, seek funding, and assess the commercial viability of their invention. The provisional application serves as a placeholder for the protection of the invention. Once a Provisional Application is filed, the term “patent pending” can be used to indicate that the invention is in the process of being protected. This can provide some legal protection and may deter potential competitors from copying the invention. During the 12-month grace period, the application will not be examined and must be followed by filing a full or a “non-provisional patent application”. Very important to note that if a full application is not filed within the 1-year mark, the provisional application will be discarded, and the priority date will be lost.
There are no Provisional Applications in Canada, and only full applications can be filed.
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Registered Canadian Patent Agent
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A Registered Canadian Patent Agent is a professional who is authorized and registered with the Canadian Intellectual Property Office (CIPO) and Canadian College of Patent Agents & Trademark Agents (CPATA) to represent clients in patent matters. Patent agents are experts in intellectual property law and are qualified to provide professional advice and assistance in obtaining and protecting patents in Canada.
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Registered Canadian Trademark Agent
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A Registered Canadian Trademark Agent is a professional who is authorized and registered with the Canadian Intellectual Property Office (CIPO) and Canadian College of Patent Agents & Trademark Agents (CPATA) to represent clients in trademark matters. Trademark agents are knowledgeable about trademark law and regulations and provide legal advice and assistance in obtaining and protecting trademarks in Canada.
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Trademark
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A trademark is a sign or combination of signs, like words, designs, symbols, logos, three-dimensional shapes, slogans, sounds, scents, and any combination of these elements, that is used or proposed to be used by a person or company to distinguish their goods or services from those of others in the marketplace.
A trademark allows its owner exclusive use of that mark to be identified with certain goods or services for a prescribed and renewable period of time.
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Trademark Application through Madrid Protocol
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The Madrid Protocol is an international treaty that makes it easier for businesses to protect their trademarks in multiple countries. Canada is a member of the Madrid Protocol.
With the Madrid Protocol, a company can file a single application with their home country’s trademark office (in our case Canada), known as the “office of origin.” This application is called an “international application.” It is always recommended to use a Canadian Registered Trademark Agent when filing a trademark application. The office of origin then forwards the application to the International Bureau of the World Intellectual Property Organization (WIPO), which is responsible for managing the Madrid system. When filing the international trademark application, you need to specify which countries you would like to apply in. Each country has a specific additional fee, and the total cost will depend on the number of countries and the type of countries you choose. Once the application is received by WIPO, it is examined to ensure it meets the necessary requirements. If everything is in order, WIPO registers the trademark and publishes it in the International Register. WIPO then sends the application to each country’s individual trademark offices, which examine it according to their own laws and regulations. If approved, the trademark is protected in those countries based on the international registration.
The Madrid Protocol offers benefits such as cost savings, time efficiency, and administrative convenience for businesses seeking to protect their trademarks internationally in multiple countries. However, it’s important to note that the Madrid Protocol is not a universal system, and not all countries are members.
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Trade Secrets
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Trade secrets are considered to be valuable and confidential information that provides a competitive advantage to a business or individual. They can include a wide range of confidential and proprietary information, such as manufacturing processes, formulas, customer lists, marketing strategies, business plans, and technical know-how. The key element of a trade secret is that it is not generally known or readily accessible to the public and is kept confidential by the owner. The owner of a trade secret must take reasonable steps to keep the information confidential and must establish that the information has economic value, derives its value from being kept confidential, and has been subject to reasonable efforts to maintain its secrecy.
If someone misappropriates or unlawfully discloses a trade secret, the owner can seek legal remedies to protect their rights. These remedies may include injunctive relief to prevent further disclosure or use of the trade secret, damages for any financial losses suffered as a result of the misappropriation, and other remedies available under Canadian law.
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United States Patent and Trademark Office (USPTO)
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The United States Patent and Trademark Office (USPTO) is a federal agency of the United States government responsible for granting patents and registering trademarks. It operates under the authority of the Department of Commerce. The primary role of the USPTO is to protect intellectual property rights in United States by examining patent and trademark applications, granting patents for inventions, and registering trademarks for goods and services.
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Utility requirement
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Utility, also known as usefulness, is a crucial requirement for an invention to be granted a patent. In the context of patenting, utility refers to the practical application or functionality of an invention.
To meet the utility requirement, an invention must have a specific, substantial, and credible utility. It should be capable of providing some tangible and practical benefit, solving a problem, or serving a useful purpose. The invention must demonstrate that it can be used and operated in a practical manner to achieve a particular result.
The utility requirement aims to ensure that patents are granted for inventions that have real-world applications and contribute to the advancement of technology or society. It prevents the granting of patents for inventions that are mere ideas, concepts, or theoretical constructs without any practical use.
In Canada, since a patent is granted to the first person/entity to file an application on an invention, if you believe your invention meets the full criteria, you may want to consider contacting an intellectual property law firm for guidance.
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World Intellectual Property Office (WIPO)
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The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations (UN) dedicated to promoting the protection of intellectual property (IP) rights worldwide. WIPO serves as a global forum for cooperation, policy development, and information sharing in the field of intellectual property.
One of WIPO’s main services is the administration of international IP treaties: WIPO administers several international treaties that establish global standards for the protection of intellectual property rights. These include the Patent Cooperation Treaty (PCT), the Madrid System for the International Registration of Marks, and the Hague System for the International Registration of Industrial Designs, among others.
WIPO’s headquarters are located in Geneva, Switzerland.
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