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 they cannot legally manufacture, sell, or use the patented invention without your permission.

However, in Canada marking an article as patented, when it is not, is illegal.

‘Patent pending’ markings

It is also possible to mark inventions immediately after you have filed a patent application but before the patent is issued. The phrases “patent applied for” or “patent pending” can be used to let people know 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.

Click here to find a patent agent from the Canadian College of Patent Agents and Trademark Agents. For more information about patents, refer to the Canadian Intellectual Property Office.

For legal advice and assistance, you should contact a patent lawyer or a registered patent agent.

								
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