2019-05-07
There may still be some misunderstandings between when you would file a patent, trademark or copyright for your intellectual property. These examples will help put the theory into practice to help you better remember when to use the correct form of protection.
- Trademark: If you’re looking to protect your business name or protect your brand, file a trademark.
- Copyright: Creatives, such as a song, play, book, and artwork would require copyright protection.
- Patents: Inventions, including machines, apparatuses, systems, methods and processes are protected with patents.
In the US, there are three types of intellectual property that are categorized as different types of patents.
Utility Patents
The majority of patents filed are utility patents (or simply patents in Canada). For instance, in the United States alone, 90% of patents filed with the USPTO were utility patents, which protects the functional aspects of an invention. Patents provide up to 20 years of protection. In order to maintain protection, yearly maintenance fees must be paid in Canada. Maintenance fees are also payable in many other jurisdictions. A utility patent protects an invention from being replicated, sold or distributing by competitors. Examples of utility patents include machines, tools, methods and processes.
Design Patents
The primary purpose of a design patent (an industrial design in Canada) is to protect the appearance and aesthetics of a product. Protection of the appearance can extend to the shape, design and general ornamentation of a particular invention. To be granted a design patent, the product must not have a function. Functional aspects should be protected with a utility patent. An example of a design patent would be the unique ornamentation designs on silverware.
Plant Patents
Plant patents (Plant Breeders Rights in Canada) are less common than utility patents (patents), and design patents (industrial designs). To put this in perspective, after 18 years of plant patents being available, only 750 patents were filed in the U.S., with 50% being for a different style of roses. To be granted, plants must be a new discovery of inventions. According to the Government of Canada, to be protected by Plant Breeders Rights, before applying, a variety may not have been sold longer than one year in Canada and four years outside of Canada, with some exceptions.
For more information about filing an application or to get a free consultation with our trademark and patent lawyers and agents in Edmonton, click here.
