Registering your intellectual property (IP) in the UK does not provide protection abroad. The IPO has published new guidance for people wishing to do business overseas.
It includes provides practical information and resources to help you make the most of your IP when doing business in Canada.
If you plan to do business in Canada, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
The Canadian Intellectual Property Office (CIPO) is the body responsible for operating the patent, industrial designs, copyright and trade mark system in Canada.
How we can help you manage your IP rights overseas
Like in the UK, Canada operates a ‘first to file’ principle. If two people submit an application for a patent for an identical invention, with an identically completed application and documents submitted, the first one to file the application will be awarded the patent assuming it fulfils all the patentability criteria.
Canada does operate a grace period where you can register a patent within 12 months of a public disclosure (under certain conditions). However, it is important to note that use of a grace period abroad may restrict your ability to protect your invention in countries that do not operate a 12-month grace period, including the UK. There are no restrictions regarding nationality or residency.
You can file a patent yourself in Canada, but it is recommended that you seek advice from an IP professional.
More information
Visit these pages for more information about exporting to Canada and to report a market access barrier on IP in Canada.
The British Canadian Chamber of Trade and Commerce (BCCTC), provide a variety of business advice, services, and support to businesses in Canada.
