Area of Law: Intellectual Property
Answer Number: 294
Using the terms: Patented, Patent Pending, Patent Applied ForRegion: Ontario Answer Number: 294
After an invention has been patented, it can be marked as “patented.” You do not have to mark a patented invention in Canada, but it is usually a good idea to do so because it lets people know that they cannot legally manufacture, sell, or use the patented invention without your permission.
‘Patent pending’ markings
It is also possible to mark inventions after you have filed an application for a patent but before the patent is issued. You can mark the invention with the phrase “patent applied For” or “patent pending” to let people know that a patent application has been filed. However, these phrases will only serve as a warning. Until a patent is issued, anyone may lawfully use the invention. If someone uses an invention without the inventor’s permission after a patent has been issued, they have infringed the patent and the inventor can sue them. If someone uses the invention without the inventor’s permission while a patent is pending, and if the inventor then receives a patent, the inventor can sue them for using the invention back to the date the application was published. This can be very complicated.
For more information about patents, refer to the Canadian Intellectual Property Office.
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