Insights

Clear answers to complex questions

Straight talk about patents, trademarks and designs — plus selected publications from two decades of practice and research.

FAQ

Frequently asked questions

Patents

What is a patent?
A patent is a legal right granted by the government that allows you to stop others from making, using or selling an invention during the term of the patent. In Canada and the United States, a patent gives you exclusive rights for twenty years from the filing date. After the patent expires, the invention enters the public domain.
When should I apply for patent protection?
As soon as practical. Canada and the US follow a first-to-file system, which means the earlier filer generally wins priority regardless of who invented first. If your invention is potentially patentable, file promptly — before disclosing it publicly.
Can I obtain a worldwide patent?
No single patent covers the whole world. Patents are territorial — you must seek protection separately in each country where you want rights. International treaties such as the Patent Cooperation Treaty (PCT) can streamline the process, delay costs and preserve your filing date across many jurisdictions.
Can I tell others about my idea before filing?
Keep it confidential until you file. Public disclosure — including written or electronic communications, public oral disclosures, public demonstrations and public use — can destroy patentability in most countries. If you must share your idea (with a partner or investor, for example), use a non-disclosure agreement first.
Is my software or AI invention patentable?
Often, yes — but the framing matters enormously. Software and AI inventions face patentable-subject-matter scrutiny in both Canada and the US, and the difference between an allowed application and a rejected one is frequently how the invention is characterized and claimed. This is one of our core specialties.

Trademarks & Designs

What can I register as a trademark?
Business names, product names, logos, slogans — any sign that distinguishes your goods or services from others in the market. Before filing, a clearance search should confirm the mark is available and registrable.
Do I need to register my trademark if I’m already using it?
Use gives you limited common-law rights in the specific area where you operate. Registration gives you enforceable rights across all of Canada, a public record of ownership, and a much stronger position against infringers and copycats.
What is an industrial design registration?
It protects the visual appearance of a product — its shape, configuration, pattern or ornament — rather than how it works. If the look of your product drives sales, design protection can be one of the most cost-effective IP rights available.
Articles

From our desk

Commentary on developments in IP law and practice. New articles are added regularly — check back or follow us on LinkedIn.

Coming Soon

Patenting AI inventions in Canada: what examiners look for

A practical guide to subject-matter eligibility for machine-learning innovations.

Coming Soon

First filing: provisional, PCT or direct?

Choosing the right first move for your patent filing strategy and budget.

Coming Soon

Your brand outside Canada

When and where to extend trademark protection internationally.

Publications

Selected publications by Rami Filfil

  • “A Comparative Study of Patentable Subject Matter in the UAE, KSA and the GCC Patent Offices” — LexisNexis Middle East, Practice Notes, 2020 (with co-authors)
  • “Patent Validity in the UAE” — LexisNexis Middle East, Practice Notes, 2019
  • “Making it Personal” — The Oath Magazine, July 2016 (with Paul Muscat)
  • “RADARSAT-2 Antenna Modeling and Synthesis Using the Genetic Algorithms” — Proceedings of IGARSS 2005 (with R. Touzi and C.E. Livingstone)
  • “Dynamics of a Two-Neuron System with Discrete and Distributed Delays” — Physica D 191 (2004) 323–342 (with Shigui Ruan)

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