Doing Business in Canada
Presentation to TechTown Partners
Agenda
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Invest In Canada
NAFTA – How to Use it to your Advantage
An Exporting Plan
Industries and Opportunities in the Windsor-Essex
Area
Facilitating Commerce in Windsor
Comparing the Canadian and US Legal Systems
NAFTA’s Legal Aspects
Copyright Issues
Trademark Issues
Patent Issues
NAFTA
Bridging Michigan & Ontario
Overview
Trilateral Agreement formed in 1994
Daily Trilateral Trade = $1.9 billion
Population = 450 million consumers
Designed to Promote Economic Growth
o Trade Liberalization
o Spurring Competition
o Creates Economic Confidence & Stability
o Promotes FDI
Benefits
Benefits
Increase Brand Recognition
Elimination of Tariffs
Proximity
Boosting Innovation
Reduction of Technical Barriers
Access to Materials, Technologies,
Investment Capital & Talent
ToolsFor
ForSuccess
Success
Tools
NAFTA Institutional Support
Dispute Resolution Mechanisms
Intellectual Property Protections
Mutual Recognition Agreements
Pre-clearance Systems
Security & Environmental Initiatives
Take Advantage
Over 75 land ports along the US –
Canada border
Canadian production hubs closer to
many US target markets
Smart Border Creation
New Infrastructure
Freight Quotes
Exchange Rates
Top 25 US International Gateways
US Bureau of Transportation Statistics, 2002
SBDCGLOBAL.COM
Free Online Trade Platform
Operating between US, Mexico &
Columbia – Canada is considering
Buy and Sell Orders
Trade Information
Business Directories
Training
“Connecting Small Businesses to the World”
Importing/Exporting Basics
Research
o US Department of Commerce
o Canada Border Services Agency
NAFTA Certificate of Origin
Automated Export System
International Classification System
Filing Timeframes
o www.census.gov & www.export.gov
Imagine Success
Caterpillar Inc.
Champion Enterprises
Azure Dynamics Corporation
Research in Motion
Peerless Clothing
QUESTIONS?
An Exporting Plan
Exporting…Is It For You?
Benefits of Exporting are increased
sales
Higher profits
Economies of scale
Reduced vulnerability
Increases Competitiveness (Globally
and Locally)
Factors To Consider
Increased Cost
Level of Commitment
Staying for the long-run
Cultural Differences
Paperwork
Competition
Accessibility
Your Expectations and Intentions Matter
Are your objectives clear and
foreseeable?
Do you have a realistic idea of what
exporting entails?
Do you have an openness to new ways
of doing business?
An understanding of what is required
to succeed in an international market?
Myth Busters
“ I’m too small to be an exporter”
• No you are not! To succeed in the
international market you do not have to be a
large firm with all the plush resources.
Thousands of firms and small businesses make
majority of there revenue from exporting, and
you can too.
Checklist
DO YOU HAVE…
o The Human Resource Capacity
o Committed Management
o An efficient way of handling inquiries
o A way to deal with the language barriers
o Enough capital
o Ways to get capital funding
o People who can advise you about capital funding
o Market research
o Market entry plan of action
o Viable products for the market
Looking at your exporting potential
Customer profile
Who uses the product
Is it popular among a certain age?
What are the ages of the market you are looking at?
What is the climate and geographic factors that affect the use of the
product or service?
Product modification
Do you need to modify the product to appeal to foreign markets?
What is the shelf life?
Will transportation reduce the life?
Does it require specific skills or labour?
Is after sale service needed?
What is unique about the product you are offering?
Export Quiz…Are you ready?
 1) Is your product or service already
available?
• A) currently in production or being developed
• B) at the prototype stage
• C) at the idea stage
 2) Is your product or service selling in the
Canadian market
• A) selling and market is growing
• B) selling but market share is low
• C) selling only in Canada
Export Quiz…Are you ready?
 3)Do you have the surplus production
capacity or available specialists to meet
increased demand for your product?
o Yes/no
 4) Do you have the financing required to
adapt your product to service to suit your
target market and to promote it
o Yes/no
Export Quiz…Are you ready?
 5)Is your management committed to
sustaining your export efforts
Yes/no
 6) Does your firm have a good track record
of meeting deadlines
yes/no
 7) Does your management have experience
in the export market
Yes/no
Export Quiz…Are you ready?
 8)Does your product or service have a
distinct competitive advantage?
Price/quality/innovation?
• Yes/no
 9)Have you adapted your packaging to suit
target market?
• Yes/no
 10) Do you have the capacity and resources
to provide after-sales support and services
in your target market?
• Yes/no
Export Quiz…Are you ready?
 11) Do you have a free on board, insurance
and freight price list for your product or rate
list for your service.
• Yes/no
 12)Have you undertaken foreign market
research?
o A) completed primary and secondary;
included a visit to target market
o B) completed some primary and secondary
research
o C) no research
Export Quiz…Are you ready?
 13) Is your promotional material available in
languages of your target market?
• Yes/no
 14) Have you started marketing your
product or service in your target market?
• Yes/no
Export Quiz…Are you ready?
 15) Have you engaged in getting distribution
channels in the local market?
• Yes/no
 16) Have you hired a freight forwarder or
customs broker?
• Yes/no
The Score…
 If you selected A's or answers “yes” to 12-16
of questions. You understand the commitments,
and strategies and resources needed to be a
successful exporter
 7-11. Not bad. But there are weakness you
need to consider and seek advice on
 Less than 7. You may have the heart but you
need to do a lot more homework
Developing Your Plan
 Planning is the best thing any business can
do before entering into the deep waters
 You will have a better chance of doing well
if you plan your strategy
 You will go no where without an export plan
 Your business plan is the foundation of your
exporting plan
The Market in Canada
Canada is one of the World’s most
diverse nations and has several
benefits:
• Cost and transportation benefits
• Operation expansion and financial assistance
The Concept of globalization is
personified in Canada’s market place
Windsor-Essex & Chatham-Kent
Windsor-Essex is made up of a variety
of areas with their own specialties
Each place has its own unique sector,
which creates so many open doors in a
small geographic region
Disposable income in Southern Ontario
Disposable Income Southern Ontario
Techumseh Lasalle
90000
80000
Essex
70000
60000
Lakeshore
Kingsville
Leamington
Windsor
50000
40000
30000
20000
10000
0
Statistics Canada 2009
Windsor and surrounding places do have disposable income
INDUSTRIES IN WINDSOR-ESSEX AND
SURROUNDING AREAS
Windsor
14
12
10
8
6
4
2
0
Windsor
Essex
16
14
12
10
8
6
4
2
0
Essex
Tecumseh
18
16
14
12
10
8
6
4
2
0
Techumseh
Lasalle
20
18
16
14
12
10
8
6
4
2
0
Lasalle
Kingsville
25
20
15
10
5
0
Kingsville
Lakeshore
18
16
14
12
10
8
6
4
2
0
Lakeshore
Draw Conclusions
What are the characteristics of your
target market?
How do competitors approach the
market?
What is the best promotional strategy
to use?
Myth Busters
Exporting is too complicated
o Exporting can seems that way, but
remember you don’t have to do it all by
yourself.
• Several countries appreciate foreign investors
and will help you to get established
o Building business relationships in foreign
markets is best done face to face.
• Phone calls, emails and BBM is best used for
follow-up.
Increasing Export Relations
QUESTIONS?
Facilitating Commerce in Windsor
Windsor-Essex Economic
Development Corporation
Supporting Windsor-Essex Region Businesses
Connect businesses and government bodies
Assisting Windsor-Essex Region Companies to Expand Locally
and Internationally
• Facilitate strategic relationships with government and foreign
offices
• Identify and match export/import opportunities with local and
foreign companies
Windsor-Essex Economic
Development Corporation
Delivering Business Investment Services
Provide information for industrial and commercial
land development
Providing Regional economic data
• Provide up-to-date information on the
Windsor-Essex Region's key sectors
http://www.choosewindsoressex.com/
Windsor Chamber of Commerce
Group Health Benefits
Office Supply Program
Home & Auto Insurance
Payroll Services
http://www.windsorchamber.org/
Windsor-Essex Small Business Centre
 Complimentary Small Business Information
 Consultations
 Business Plan Support
 Access to Professionals
 Business Resource Centre
 Research Assistance
 Workshops/Seminars and Networking Opportunities
http://www.windsoressexsmallbusiness.com/
Ministry of Economic Development and Trade
The Goal:
To grow our economy for the benefit of all
Ontarians
To do this, they:
Encourage and support businesses of
all sizes
Help businesses innovate
Attract new growth and investment
Ministry of Economic Development and Trade
Small and Medium Enterprises Division:
 Evaluate your business ideas
 Business plan
 Access Financing
 Registering your business name
 Government forms
 Information on hiring, training and
marketing
http://www.ontariocanada.com/ontcan/1medt/
en/home_en.jsp
QUESTIONS?
Canadian & U.S. Legal Systems
Doing Business Across the
Border
Canadian Legal System
 Legislative power is divided between the
federal government and the provincial
governments.
 A third level of government, municipal or
local government, has only the powers
granted to it by the applicable provincial
government.
 The federal and the provincial governments
have exclusive jurisdiction and legislative
powers over specified matters
Federal Government
 Federal government:
o Residual jurisdiction over matters not specifically
assigned to the provinces
o Control over matters of national interest such as:
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Trade and commerce
Transportation and communication
Banking
Currency
Customs and excise
External relations
Patents and copyright
Defence
Criminal law
Provincial Government
The provincial governments have
power over matters of a local nature
such as:
o Property and civil rights within the
province
o Municipal institutions
o Education
o Health and welfare
o Administration of justice
Cross-border transactions
Key issues of Americans doing
business in Canada:
o Legal regimes governing contractual
transactions of goods
o Forums available to the contracting
parties
o The importance of choice of law
Canadian Legal System
 Contractual transactions in the Canadian legal
system are governed by both statute and the
common law
 The applicable statute in Ontario is called the
Ontario Sale of Goods Act (OSGA)
 The common law is a body of case law made by
judges over the years
o Whenever an issue is not addressed by the OSGA, we look
to the common law for the answer
o Whenever an issue is addressed by the OSGA but further
explanation is needed, we look to the common law to see
how courts have dealt with this issue in previous matters
U.S. Legal System
 Contractual transactions in the U.S. legal
systems are governed by statute
 Each state has its own statutes on
transactions
 These statutes are much more
comprehensive than the OSGA
o State common law will still supplement the
statute, but it is a much less common occurrence
than in Ontario
When does each regime apply?
 The OSGA applies to domestic transactions
in Ontario
o Includes:
• Commercial transactions
• Consumer sales
o Does not include:
• Leases
• Services
When does each regime apply?
 The Uniform Commercial Code (UCC)
applies to domestic transactions within the
U.S.
o Includes:
• Commercial transactions
• Consumer sales
o Does not include:
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Leases
Security interests
Intellectual property
Services
What about international transactions?
 The United Nations Convention on Contracts
for the International Sale of Goods (CISG)
will apply to transactions within its coverage
by default
o Includes: commercial transactions
o Does not include: consumer sales & services
When does the CISG apply?
 The CISG will automatically apply to any transaction
including two contracting states where the choice of
governing law is either:
o U.S. federal law;
o U.S. state law; or
o The OSGA
 Both Canada and the U.S. are contracting states
o A contracting state is determined by where a party’s primary
place of business is located
Considerations
 In order for the CISG not to apply to a transaction, it
must be specifically excluded in the contract
 Parties can choose the CISG to apply to its contract,
but can agree to modify some of its provisions
 Consider whether the forum you choose has a
sufficient body of case law addressing the CISG:
o Applied more often in the U.S.
o Rarely applied in Canada so the case law is not
as dependable/predictable
Choice of Law
Parties to a contract may choose what
type of law will govern a contract
This is an important term in any
contract, international or otherwise,
because different state laws could
result in a different outcome in the
event of a dispute
Choice of Forum
Parties must choose where the dispute
will be resolved
Courts will expect for there to be
some sort of connection to its forum
such as:
o Citizenship
o Business location
o Dispute location
o Court is familiar with choice of law, etc.
Your contract
 Every issue addressed in these regimes
should be addressed in your contract.
 These regimes provide default rules or gap
fillers
o Any issue not addressed or any forgotten term
will be supplemented by a contract’s governing
regime
 Parties may prefer the way their choice of
law deals with a matter and refer to it rather
than create their own provision
Working in Canada
Business people include certain people
entering Canada under the following
free trade agreements:
o NAFTA
o General Agreement on Trade in Services
(GATS)
o Other international free trade agreements
Taking your first steps…
This is a just a brief exploration of
international contract law
Because of the nature and the
complexity of this area of law - a
lawyer will be able to help you take
the next steps in drafting an
international contract
Focus: NAFTA
An international treaty which is
applicable to citizens of Canada, the
United States, and Mexico.
Allows for admission of citizens of the
member nations for the purposes of
foreign employment
o Admission only if individuals meet the
requirements of such provisions
Working in Canada under NAFTA
Chapter 16 of NAFTA:
o Citizens of Canada, the United States and
Mexico can gain quicker and easier
temporary entry into the three countries
to conduct business or investment
activities.
Business People under NAFTA
 Business people covered by NAFTA do not
need a labour market opinion from Human
Resources and Social Development of
Canada (HRSDC)
o Canadian employers do not need to have a job
offer approved by HRSDC to employ a U.S. or
Mexican business person
o These business people still must comply with the
general provisions on temporary entry to Canada
Business people covered by NAFTA
Business visitors
Professionals
Intra-company transferees
Traders and investors
Business Visitors
A foreign national who plans to visit
Canada temporarily to:
o Look for new business opportunities
o Invest
o Advance existing business relationships
To be a business visitor in Canada you
must show that:
 You plan to stay for less than 6 months and
do not plan to enter the Canadian labour
market;
 Your main place of business and source of
income is located outside of Canada;
 Profits from your business will accrue
outside Canada;
 You must provide documents that support
your application; and
 You meet Canada’s basic entry
requirements
Canada’s basic entry requirements:
You have a valid travel document, such
as a passport;
You have enough money for your stay
and to return home;
You plan to leave Canada at the end of
your visit; and
You do not pose criminal, security, or
health risks to Canadians
Cross-border business visitor activities:
 Buying Canadian goods or services for a foreign business or
government;
 Taking orders for goods or services;
 Attending meetings, conferences, conventions, trade fairs;
 Providing after-sales service (mainly supervision, not handson labour);
 Being trained by a Canadian parent company you work for
outside Canada;
 Training employees of a Canadian subsidiary of a foreign
company; or
 Being trained by a Canadian company that has sold you
equipment or services
Longer stays
If you plan to stay longer than 6
months or intend to work in Canada,
you may be considered a temporary
worker
Temporary works must apply for a
work permit
Professionals
A professional must:
o Be qualified to work in 1 of the 60
professions listed in Appendix 1603.D.1 of
Chapter 16 of NAFTA; and
• Includes: accountant, computer systems
analyst, engineer, management consultant,
technical publications writer
o Have a pre-arranged employment with a
Canadian enterprise in an occupation that
matches the qualification
Intra-company Transferee
 An intra-company transferee must:
o Have worked continuously for at least 1 year in
the preceding 3 years for the same or affiliated
employer in the U.S. or Mexico;
o Be transferred to Canada to work temporarily for
the same or an affiliated employer; and
o Work in a capacity that is managerial, executive,
or that involves specialized knowledge
Trader or Investor
 A trader or an investor must:
o Be seeking to carry out substantial trade in
goods or services mainly between Canada and
his/her country of citizenship, or conduct
substantial investment activities in Canada, in a
supervisory or an executive capacity, or in a
capacity that involves essential skills;
o Meet additional requirements under NAFTA; and
o Have a work permit
Conclusion
NATFA is beneficial for citizens of
member nations
o Facilitates the movement of people from
Canada and the US (and vice versa) for
the purposes of employment
o Less documentation is required compared
to non-member nation citizens
o Business Visitor category under NAFTA
allows for easiest access because it does
not require a work permit
More Information
For more information go to:
o Foreign Worker Manual
• On the Citizenship and Immigration Canada
Website
http://www.cic.gc.ca/english/resources/manuals/fw/f
w01-eng.pdf
o Chapter 16 of NAFTA
• On the NAFTA Secretariat Website
http://www.nafta-secalena.org/en/view.aspx?conID=590&mtpiID=147
QUESTIONS?
CANADIAN COPYRIGHT
SOURCES OF LAW
Berne
Convention
WTO TRIPS
Copyright
Act
Bill C-32
WIPO
Copyright
Treaty
What is Copyright?
Protection from unauthorized copying
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Literary
Dramatic
Musical
Artistic
What Can Be Copyrighted?
Books, plays, songs, performances
Software
Web pages
Marketing plans
Training manuals and materials
Flyers and promotional materials
The Fundamentals
Automatic Right
Expression, not ideas
Originality:
o Originates from the author
o Demonstrates the exercise of skill and
judgment
o No expectation of quality
“What is worth copying is worth protecting”
Peterson J.
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Protect Your Copyright
General Rule of Ownership
Author/creator retains copyright for
Life + 50 years
 Exceptions:
1. Employment
2. Sub-contracted work
Protect Your Copyright
Self-policing infringement
Looking out for:
Competitors
Former employees
Business partners
Permitted Use
Fair Dealing
o Research or private study
o Criticism or Review
o News Reporting
The Copyright Act and Beyond
Berne Convention for the Protection of
Literary and Artistic Works
WTO – Trade Related Aspects of
Intellectual Property Rights (TRIPS)
WIPO Copyright Treaty 1996
International Conventions
Uniform and consistent rules
Cross-border protection
Adapting to new economic, social,
cultural and technological
developments
Bill C-32
Modernizing Canadian Copyright Law
Ratifying WIPO Copyright Treaty 1996
o File Sharing
o Format and Time Shifting
o Digital Locks: the copyright holder’s trump
card
o Limited ISP liability
Bottom Line & Best Practices
Canada’s extensive participation in
international copyright treaties helps
ensure Canada’s role as a viable
commercial partner and place of
business.
 Consult an expert in establishing
sound business practices
 Know your rights
www.cipo.ic.gc.ca
QUESTIONS?
Trademarks
What is a Trademark?
A trademark is a mark and/or symbol used
to identify and distinguish one’s goods or
services on the market.
- Governed by the Trade-marks Act
 Three types of trademarks:
• An ordinary mark,
• A certification mark, and
• A distinguishing guise.
 Distinctiveness is key!
What is Not a Trademark?
 Corporate Names:
• Only a trademark if “used” as a
trademark
• Registering a corporate name does not
grant trademark rights
 Domain Names:
• Only a trademark if “used” as a
trademark
• If not, it’s just an address
What are some common trademarks that
you can think of?
How to Acquire Trademark Rights
1.
2.
3.
4.
“Use” in Canada
“Making Known” in Canada
Proposed Use (registration) in Canada
Registration in Canada of trademarks
already registered and used abroad
1. “Use” According to the Trademarks Act
 You must show you’ve begun using the TM for the
wares or services claimed
 ‘Use’ in association with wares:
 At the point of sale, the TM must be marked:
(1) on the wares themselves,
(2) on their package; or
(3) the TM is associated with the wares such that
notice of the association is given to the person to
whom the property or possession is transferred
 ‘Use’ in association with services
 Must be used or displayed in the performance or
advertising of those services
Proper Use of Your Trademark
1. Never deviate from the registered
form and spelling
2. Never use the trademark as a noun or
verb
3. Never pluralize a trademark
-Proper: Oreo cookies are delicious.
-Improper: Oreos are delicious.
2. Proposed Use
 Provides the ability to register based
on intention to use trademark
 Must use the trademark within
three years after filing application
 Certificate of Registration will then be
provided by the Registrar
 Retroactive to the date of filing
3. Making the Trademark Known in Canada
 Trademark rights may be acquired by a
foreign trademark holder where:
A foreign trademark is advertised in
association with the goods/services
in print or TV/radio broadcasts
ordinarily received in Canada AND
the trademark has become wellknown in Canada by reason of the
distribution or advertising.
4. Marks Registered & Used Abroad
 Can register a trademark in Canada
simply if the mark is registered in
another country in the union
 Concession to international
agreements
 Americans can register a TM in
Canada without use or proposed use.
Registered vs. Unregistered Trademarks
UNREGISTERED TM
 Acquires rights only in the geographic areas
where it has become known.
 Limited Protection
REGISTERED TM
 Canada-wide rights
 Protection lasts 15 years, and it is renewable
every 15 years after that
Why Register?
 Proof of ownership
 Prevents others from using a
confusingly similar trademark.
 Ability to challenge a potential
infringement under the Trade-marks Act
 Exclusive right to use across Canada for
15 years and may be renewed indefinitely
 Helps facilitate licensing of your trademark
Licensing
 A license is a contract between a
trademark owner and a licensee for the use
of this intellectual property.
• Ownership of the trademark does not
pass
• You must monitor use of the trademark
by the licensee to ensure the mark does
not lose its distinctiveness!
Trademarks You Cannot Register
1. Names and surnames of individuals (living or have died
within preceding 30 years)
2. Clearly descriptive marks
3. “Deceptively misdescriptive” marks
4. Words that denote a geographical location commonly
known to be the place of origin of such goods or services
5. The name, in any language, of the goods/services
6. Words or designs that are considered confusing with a
previously registered trademark or pending trademark
7. Words or designs that are, or closely resemble, a
prohibited mark.
Examples
What you may register
 “North Pole” ice cream
 “Venus” ice cream
 “Scrumptillus” ice cream
 “True Blue” ice cream
What you may not register
 “Extra Creamy” ice cream
 “Windsor” ice cream
 “La Reine Laitière” ice cream
 “RCMP’s Choice” ice cream
EXAMPLE: TARGET
Registering Your Trademark?
Registering Your Trademark?
4. Wait for the examination of your TM by the
Trademarks office
5. Your TM application is published in the
Trademarks Journal – 2 months to file
opposition.
6. If no opposition, allowance of application for
registration
7. Registration fee - $200 per TM paid within 6
months of the notice of allowance
Registration Resources?
For more information (including a list of
Canadian registered Trademark agents,
Trademark application forms, and the
Trademark database): www.cipo.ic.gc.ca
When Expanding into Canada, Remember…
 Key to trademarks is distinctiveness
 Use (and proper use) of a
trademark is critical
 American trademarks may be able to
acquire rights in Canada by “making it
known” in Canada or simply by being
registered in the US
 Registration is strongly recommended
 When in doubt, consult a lawyer!
QUESTIONS?
PATENTS
What is a Patent?
A patent is a property right just like any other
property right except that the “property” is
“intellectual” .
As with other property rights, the owner of a
patent has an exclusive right to use the property –
in other words, the patent owner can exclude
others from practicing the invention.
What is a Patent?
A patent does NOT give the patent holder the right to
use the patented invention, it only gives the patent
holder the right to exclude others from using the
invention.
This is true of all property rights. If you own a piece of
land you can exclude others from using the land, but
your use may be limited by zoning, environmental or
other restrictive laws. The same is true of a patent, the
patent owner may not be able to practice the invention if
doing so would infringe on the rights of others or violate
some law.
Who Owns the ‘Invention’?
Who Can Apply for a Patent?
In Canada, it is the creators of the invention, the inventors,
who are entitled to apply for a patent, unless the inventors
have assigned to a third party, such as the company they
work for, a university, or any other natural or legal entity
with which they have made a legal agreement transferring
ownership of the invention.
In the US, however, only the inventors can make application
for a patent.
Who Owns the ‘Invention’?
Who Can Apply for a Patent?
In most countries of the world, including Canada, the first
person to file an application is entitled to obtain the patent
for the invention. In other words, if two separate
applications are filed for the same invention, the applicant
having the earlier filing date is the one that will get the
patent. [First-to-File]
Currently in the US, the person(s) entitled to obtain a patent
on an invention is/are the person(s) who first made the
invention, regardless of who was first to file. [First-toInvent]
Requirements for a Patent
An invention must be:
Novel :
The invention MUST be new.
Inventive:
The invention MUST involve an
inventive step, in other words
must be non-obvious.
it
Useful in industry: The invention MUST have industrial
applicability (called utility in the US
and Canada)
Requirements for a Patent - Novelty
The standards of novelty differ by country, but
generally speaking:
1. Absolute Novelty: not known to the public
anywhere in the world by any
means prior to the date of the
patent application (i.e. Europe &
Japan)
2. Grace Period:
date of
application must be filed within a
specified period (1 year) from
disclosure by the inventor.
What is ‘Patentable’?
NO PATENT FOR MERE ‘IDEAS’,
ABSTRACT METHODS,
MATHEMATICAL FORMULAS, ETC.
Must be a practical, art, process,
machine, manufacture or composition
of matter
What is ‘Patentable’?
The inventor must disclose how to make and use the
invention in sufficient detail that one of ordinary skill
in the art can reproduce and use the invention using
solely the description in the patent. This is known as
an enabling disclosure.
Do you have a working prototype???
Quick Review…….
1. An invention that meets local patentable subject
matter.
2. An invention that is novel, inventive and
industrially applicable as of the date of filing (or
priority date).
3. An invention that has been fully disclosed such
that one of ordinary skill in the art is enabled to
make and use the invention.
Priority Applications
An individual can file a patent in the
U.S., and can file a corresponding
Canadian application claiming priority
to the U.S. application
Generally speaking, deadline is 1 year
from U.S. application
IMPORTANT!! Keep in mind prior
disclosures!!
Why Canada??
Canada may not be a target market,
but…..
Keep in mind the problem of
importation!!
Tackling Some Common Patent Issues…
Non-Disclosure Agreements
Non-Disclosure Agreements sometimes
are necessary, however….
they don’t replace a patent application,
and, it is only a contract (i.e. it has to
be enforced)
Tackling Some Common Patent Issues…
Provisional Patent Applications
Can be a useful and cost-effective tool,
however…
they must be properly drafted, they are
NOT a full application, and must be
followed up within 1 year with a full
application
Beware of disclosures, and international
filing deadlines
QUESTIONS?