FAQ

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.

No. Patent protection is required in every jurisdiction where an innovation or design is to be protected.

Patent infringement may be direct, indirect, or contributory. Direct patent infringement occurs when a patented invention is manufactured, used, offered for sale, sold, or imported without authorization. Indirect infringement occurs when one person intentionally encourages another to directly infringe a patent. Contributory infringement occurs when a person intentionally sells or supplies an item for only one use in conjunction with a patented invention. Good faith or ignorance are not defenses to an allegation of direct infringement, but they can be used to defend indirect or contributory infringement.

The remedies for patent infringement are: . Injunction. . Damages include treble damages for deliberate infringement. . In extreme instances, the prevailing side may be entitled to attorney's costs. . Court costs.

No. The issuance of a patent is a condition for launching a lawsuit, and a patent owner cannot typically recover damages for conduct committed before the issuance of the patent. However, in the case of a utility patent, it may be possible to recover a reasonable royalty retroactively for an infringement that occurs after an application is published but before the patent is issued, if (a) the infringer had actual notice of the published application and (b) the claims in the patent are substantially identical to the claims in the published application.