Protecting Your Ideas, Designs and Products

Anything unique that you invent, design or create in your business is known as intellectual property. Your intellectual property can be protected from competitors for a limited period of time. This protection falls into one of the following categories: patents, trademarks, copyright, industrial design, integrated circuit topographies, and plant breeders' rights.

1. Patents

A patent is a legal right- issued under the Patent Act of Canada for up to 20 years- to the ownership of an invention that is innovative, new, and useful. A patent attorney or agent can help you file a patent application.

2. Trademarks

A trademark is a distinguishing word, mark, symbol, logo, or other design used to identify your product or service, and is yours to use exclusively. A trademark can be registered for 15 years and then renewed.

3. Copyright

Everyone automatically has exclusive rights to reproduce or copy their own written, dramatic, musical, or artistic works. Copyright ensures that they cannot be copied by others without permission. For written works, copyright lasts for the life of the author plus 50 years. For sound recordings and photographs, copyright lasts for exactly 50 years.

For added protection, you may want to apply to register your work. Without registration, you may find it difficult to prove ownership.

4. Industrial Design

The original or unique shape, pattern, or ornamentation of an article can be protected for five years, with one five-year extension possible. To register a design, you must submit a drawing and description to the federal Commissioner of Patents.

For further information on protecting your original ideas and designs, contact Industry Canada. See Appendix A for contact information.