Patent impeachment or invalidity proceeding
A court proceeding to challenge the validity of an issued Canadian patent, or to defend it against that challenge.
What is included
- Reviews the rights involved and the evidence of infringement
- Assesses the strength of the claim or defence and the possible remedies
- Sends or answers demand letters
- Starts or defends proceedings, usually in the Federal Court or the Ontario Superior Court of Justice
- Seeks urgent court orders where the facts support them
- Works with border officials on requests about counterfeit goods
What is not included
- Government filing and registration fees and other disbursements
- Foreign lawyers or agents for protection outside Canada
- Appeals, or court proceedings not covered by the lawyer's written retainer
- Technical, valuation or accounting work
Who this service is for
- Owners of patents, trademarks or copyright being copied
- Businesses accused of infringement
- Applicants appealing a CIPO decision
Information to have ready
- 1Registrations or other proof of your rights
- 2Evidence of the infringement, such as samples, screenshots or sales records
- 3Demand letters or court documents received
- 4A timeline of when you learned of the issue
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $450–$1,000/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Should I send a cease and desist letter myself?
It is usually better to get advice first. A poorly worded letter can weaken your position or even expose you to a claim.
Which court hears IP cases?
Patent, trademark and copyright cases are often heard in the Federal Court, and some are brought in the Ontario Superior Court of Justice. The lawyer will advise which fits your case.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, including registration or allowance by an examiner
- Protection in Canada does not automatically protect you in other countries
- Filing and response deadlines must be met; give the lawyer every date you know of
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