FAQ

The applicant could be the inventor, but not always. An inventor is someone who has made an innovative contribution to the innovation. The inventor has intellectual property rights unless an agreement allocates ownership rights to another person (the assignee). IP ownership clauses are commonly included in founder, employment, contractor, partnership, and non-disclosure agreements.

Patent applications are often submitted to the following national and regional patent offices: . USPTO (United States Patent and Trademark Office) . EPO (European Patent Office), which covers most of Europe. . China (CNIPA) . Japan Patent Office (JPO) International or PCT (Patent Cooperation Treaty) applications are a single "placeholder" application to delay filing applications in many countries/regions but do not result in an international patent. There is no worldwide patent.

A granted Canadian patent protects your inventions only within Canada. Intellectual property rights are jurisdictional; you must apply for a patent in each national/regional office where you desire protection. Each patent office will have its laws, requirements, and privileges for patent filing and protection. Seek professional counsel from a registered Canadian patent agent while filing domestically and internationally.

The Nice Classification is an international system that categorizes goods and services for trademark registration. It was established by the Nice Agreement in 1957 and is overseen by the World Intellectual Property Organization (WIPO). The Nice Classification consists of 45 classes, 34 for products and 11 for services. Each class includes a list of specific products or services. Proper classification is critical for determining the scope of trademark protection and makes it easier to administer and enforce trademark rights around the world.

A priority trademark application is filed within six months of the initial application in another nation. Claiming priority allows you to use the first application's filing date for any subsequent applications. This saves time and can help protect your trademark rights internationally.

Yes, a trademark is associated with certain goods or services. As a result, similar trademarks may coexist in different classes or categories of goods or services, as long as the use does not deceive consumers about the origin of the goods and services.

You may be able to register your domain name as a trademark; however, your domain name will be subject to the same laws and requirements as other forms of trademarks and must operate as a source identifier of the owner's products or services to qualify for federal trademark protection.

A trademark portfolio is a collection of all trademarks owned and maintained by a corporation. A well-maintained trademark portfolio is critical for coordinating, protecting, and maximizing the value of multiple trademark rights. It enables strategic management and use of trademarks to gain a competitive advantage while minimizing legal concerns.