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Intellectual property considerations for Canadian small and medium-sized enterprises in the United States

Take advantage of guidance tailored for Canadian small and medium enterprises to make better decisions and avoid mistakes. Deepen your understanding to enter, grow and succeed in the United States (US) market.

Practical intellectual property (IP) considerations in the United States

Best practices

IP scams and predatory IP marketing

Learn how to identify scams and predatory tactics

Finding an IP expert

Learn what to look for when searching for an IP expert

Protecting Data Compilations in the US

Learn why data collections have economic and social value. Can you protect them?


Impact of Bayh Dole on joint Canada and US R&D

Do you own your IP? Learn about some key considerations that stem from the Bayh Dole act

The importance of IP indemnification clauses

Learn about a few potentially costly mistakes that may infringe on IP rights and how to avoid them

Choice of venue for patent litigation in the U.S

Key considerations on the choice of venue for patent litigation

Hiring employees and contractors in the U.S

Discover some of the key considerations when deciding if you will be using employees or contractors in the U.S

Employment contract and IP ownership

Find out about key contract clauses when hiring staff to protect your IP

Venture capital

Preparing for VC funding

How to make your IP portfolio attractive to a U.S. investor

Preparing the IP portfolio for fundraising or exit

Learn about key IP considerations that investors will care about, whether you are raising capital or exiting

Trade secrets

Competitive advantage in the US

Find out how to use trade secrets to sustain a competitive advantage in the US

Reverse engineering considerations

Explore the applicable considerations to protect against reverse engineering and if you are doing reverse engineering

Trade secrets and location where data is stored

Learn about considerations if your trade secrets are stored in the U.S. – the Patriot Act


Considerations with US provisional patent applications

Learn about the opportunities and risk with provisional applications specific to the US that can be used to secure a priority date

Using US patents to protect innovation

Learn about the difference between utility patents, design patents and utility model patents and key considerations when seeking a patent

Considerations with U.S patent marking

Find out when and how to use IP marking as a visual notice to the public that you hold IP rights

Leveraging patent databases to support U.S market expansion

Learn how to use patent searching to improve your competitive intelligence

Public disclosure and offers for sale

Learn how unintentional disclosures and offers for sale could impact your patent eligibility

Navigate the patent system

Read about umbrella patents, provisional applications, patent prosecution highway, Patent Cooperation Treaty


Protecting software patents

Read about patent, copyright and trade secrets for software

Open-source software and copyright license infringement

Learn about due diligence considerations with your use of open source software

Benefits of Copyright registration in the US

Explore the added values of registering your copyright

Canadian vs. US Copyright protection

Read about registration, displaying your copyright ownership and infringement


US trademark registrations

Find out what you need to know and think about if you are using a trademark in the U.S.

Sufficient proof of use of Trademarks

Use of a trademark is key in Trademark law - Learn how to provide proof of Trademark use in the US

Considerations regarding Trademark confusion

Learn about Trademark confusion and how ignoring it could place your company at risk of infringement

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