You've probably heard of patents relating to new technological or scientific inventions. But maybe you haven't heard that they apply to architectural projects. Although patents for architectural designs may not have the same prominence as other inventions, they do exist.
An excellent example of a patented architectural work is the design of Apple's facilities in New York. Canada's patent laws also apply to architectural designs. Unlike copyright, which is an automatic right of the original creator of a product, an inventor must register his inventions to be considered a legitimate inventor.
What is a patent?
According to CIPO (Canadian Intellectual Property Office), a patent is a property right in an invention issued by the government to an inventor upon successful registration of the patent. After an inventor successfully patents his invention, he has the right to stop anyone from making, selling, or using his invention.
A patent is valid for 20 years from the date you file the application, which means anyone can legally create copies of your invention. It is important to note that patents issued by CIPO are only applicable in Canada. If you need the same protections in other jurisdictions, you must apply in those jurisdictions.
What can you patent?
Typically, you can patent every original invention as long as it is the first in the world, but it must be useful, functional and operational.
Furthermore, it must pass the inventiveness test. An inventive architectural design should not be obvious to the average construction industry professional.
Characteristics whose purpose is merely aesthetic cannot be patented. Instead, these elements are protected through industrial design registration. The registration of industrial designs is different from patents because it lasts ten years from the date of registration or 15 years from the date the design holder requests registration.
Why do you need to patent your inventions?
It can take years for an invention to emerge. It would be a huge disservice to the inventor if someone else took the invention and profited from it without the inventor's consent.
Fortunately, an inventor in Canada has more than 20 years from the date they apply for a patent before anyone else cannot create, sell or produce a similar product. The 20 years allows the inventor to get a head start on their invention, which can help ensure that they will reap the benefits of their invention before others can join in.
For the 20 years that a patent is in force, the Canadian government encourages inventors to share information about their inventions to promote further development.
Patent infringement
Patent infringement occurs when someone else uses your innovation without your consent in a country where you have registered your patent. If you believe that another person or entity has infringed your patent, you may be able to sue them for damages resulting from their actions. Patent infringement claims can be complicated, so you may want to work with an attorney.
Protection before and after registration
After successfully acquiring a patent for your invention, you have the right to stop patent infringement from the date of registration. Your right to sue is not limited to future infringements. You can also sue for infringements that occurred before you acquired the patent for your innovation, as long as the infringement occurred in Canada and after the date you applied for the patent.
Patent marking
There is no law that requires patent holders to trademark their patented items. However, it is illegal to mark an item as patented until it is patented. Marking your patented items as such can be beneficial as it would help prevent people from infringing your patent, avoiding the need to go into litigation.
Additionally, marking an item as “patent applied” or “pending” is legal, which can also help alert people that you may be able to sue them for infringement once registration is complete.
