PATENT PROTECTION
PROTECT YOURSELF Y
How Fit is your Intellectual Property Portfolio?
By Marcelo K. Sarkis, P. Eng., Registered Patent Agent (Canada and U.S.A.)
ou have a passion for everything there is to do with health and fitness. You are either a certified personal trainer or well on your way to becoming one. You have studied and used fitness devices in your business and you find that the devices on the market are not suitable to a specific
application or demographic of client. Perhaps your clients are older or are restricted in movement.
You find yourself modifying or improving on the device to suit your client’s needs. You tell others about your modification and soon, your improved device is being used by the fitness industry and you have no claim or title to the device. Perhaps you came up with a unique catchy name for your business or new product, and now find it being used by others without your permission. In order to avoid the above scenario, consider following in the
steps that many individuals and companies in the fitness business have pursued, namely, securing intellectual property rights. For example, as the population ages, the fitness industry in turn is
growing and evolving to accommodate this demographic. Individuals and companies have realized the potential business opportunities and capitalized on it by taking the necessary steps in securing intel- lectual property rights on their innovative products. A certain company markets an exercise chair for seniors called
the “Resistance Chair”. The term CF Resistance Chair and associated design is registered as a trademark with the Canadian Intellectual Property Office (“CIPO”) in association with (1) Sports medicine treatment chairs, namely sports medicine treatment chairs hav- ing attachments for use with resistance cables; and (2) Exercise and fitness chairs, namely exercise and fitness chairs for use with resistance cables. A valid registered trademark provides the owner with the exclu-
sive right to use the trademark with the associated wares within the territory of registration. In Canada, this translates to exclusivity with an opportunity to renew the registered trademark every 15 years. There is also a pending Canadian patent application covering the
Resistance Chair, Canadian Patent Application Number 2,551,734. A valid issued patent provides the owner with the exclusive right to make, manufacture, use or sell the patented invention in Canada. The exclusivity period commences upon issuance of the patent for a period of 20 years from the filing of the patent application in Canada. The company website includes at the bottom of the page copy-
right 2010. The Copyright Act of Canada provides “The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year.” The Copyright Act further states “copyright shall subsist in
Canada, for the term hereinafter mentioned, in every original liter- ary, dramatic, musical and artistic work.” When certain conditions are met.
Another instrument available to protect innovation is an indus-
trial design. The Canadian Industrial Design Act provides the owner with the exclusive right to “make, import for the purpose of trade or
32 canfitpro MARCH/APRIL 2011
“Seeking the advice of a patent agent prior to disclosing your invention is critical in that there are time limits if disclosure has been made.”
business, or sell, rent, or offer or expose for sale or rent, any article in respect of which the design is registered and to which the design or a design not differing substantially therefrom has been applied” for a period of 10 years from the date of registration. An industrial design differs from a patent in that the aesthetic
look and shape of the product is protected with an industrial design whereas a patent protects the utility of the product.
How do you go about obtaining a patent in Canada? Seeking the advice of a patent agent prior to disclosing your inven- tion is critical in that there are time limits if disclosure has been made. In Canada, the Patent Act stipulates that “The subject-matter defined by a claim in an application for a patent in Canada (the “pending application”) must not have been disclosed (a) more than one year before the filing date by the applicant, or by a person who obtained knowledge, directly or indirectly, from the applicant, in such a manner that the subject-matter became available to the public in Canada or elsewhere”.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48