Intellectual Property Protection at Crowe MacKay
Canadian businesses are constantly innovating, but are often unaware of how to register and protect their intellectual property (IP). Your time and effort invested in new ideas, inventions, processes or products may be at risk of theft if protective measures are not implemented. Crowe MacKay’s Scientific Research and Experimental Development (SR&ED) and IP consultants have the experience to assist you and ensure your patents and trademarks are protected.
Features and IP Types
A successful product usually has at least one of the following features:
|
Feature (Advantage) |
IP Protection Type & Term |
|
Functional Improvement over existing products in the marketplace, right granted for a technical invention |
Patents, 20 years Trade Secrets, forever |
| Attractive Design (product appearance, including packaging) |
Industrial Designs (Canada), 10 years Design Patents (US), 14 years |
| Brand Name of the product (or company name) has a good reputation | Trademarks, forever (renewable 10 year terms) |
Patent & Other IP Services
Whether you need to register a trademark or patent an idea in Canada, Crowe MacKay’s team of Intellectual Property consultants work with you to protect your innovations, mitigate risks, and ensure your products produce the highest returns.
Patentability Criteria
Likelihood of obtaining a valid patent
Obtaining a valid patent at the onset of a project can save a company tens of thousands of dollars and time and effort. When you secure a patent you avoid the risk of filing for an improvement that cannot be patented. For a Canadian patent assessment and application you must prove novelty, inventive step, and utility over all existing publications (patents, technical papers, presentations, etc.).
Patent of Trademark Infringement
Determine risk of infringing value patents or trademarks
Once your business obtains a patent and commercializes products, our professional team of consultants will assist you and conduct an environmental scan of competitors or third parties who potentially are infringing on pre-existing patents or trademarks.
Freedom to Operate (FTO)
Identifying barriers to product or process commercialization
To avoid potential lawsuits, it's essential for a company to determine whether their invention may infringe on an existing patent. Patent infringement lawsuits frequently cost more than $1 million in legal fees, with some successful litigations resulting in monetary compensation to the patent holder. In some extreme situations, a business may receive an injunction to cease sales and production.
Patent Strategy
Adding value to your research and registration
Understanding how to take your innovation to the market is not always straight forward and IP protection can be costly. Crowe MacKay's experienced advisors can help you develop a patent strategy that will maximize your company's profits.
When and where should you file for a patent? Do you need a provisional patent? Should you keep your invention as a trade secret? Crowe MacKay's intellectual property consultants can answer these frequently asked questions and ensure that your products are protected.
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