Stage 8Protecting Your Idea

Protect Your Idea

Intellectual Property

1. Patents Is a government grant that gives you the

right to take legal action, if necessary, against other individuals who without consent make, use, or sell the invention covered by your patent during the time the patent is in force.

2. Trademarks Is a word, symbol, picture, design, or

combination of these that distinguishes your goods and services from those of others in the marketplace.

3. Copyright Gives you the right to preclude others from

reproducing or copying your original published work.

Intellectual Property

4. Industrial Designs Comprises the feature of shape,

configuration, pattern, or ornament applied to a finished article made by hand, tool, or machine.

5. Integrated Circuit Topographies

The circuits incorporated into an integrated circuit (IC) are embodied in a three-dimensional hill-and-valley configuration called a topography.

What Is The Difference Between Patent, Trademark and Copyright

Patent Can be granted to the inventor of

any new and useful product, chemical composition, machine or manufacturing process

Awarded on a “first to file” basis Protection provided for 20 years

from date of application The onus is on you to protect your

rights under the patent Holding a patent does not

necessarily mean commercial success

Trademark A word, symbol, picture, design, or

combination of these that distinguishes your goods and services from those of others

Can be registered to enable you to obtain exclusive use

Non-mandatory that it be registered but does establish obvious proof of ownership

Registration is effective for 15 years and may be renewed for a series of 15-year terms as long as it is still in use

Onus is on the owner to police the use of the trademark

Registration in Canada provides no protection in other countries

Copyright Copyright precludes others from

reproducing or copying your original published work--books, leaflets, lectures, maps, musical compositions, computer programs, etc.

Exists for the duration of your life plus 50 years after your death

No legal requirement the work be registered; copyright is automatically acquired upon creation of an original work

Responsibility for policing copyright rests with the holder

A copyright in Canada provides simultaneous protection in most other countries of the world