Intellectual Property lawyers in North America (NO)

When selecting an intellectual property lawyer in North America, look for these key qualifications:

• Registration with the appropriate national office (USPTO in the US, CIPO in Canada, IMPI in Mexico)
• Technical background relevant to your invention (especially for patent matters)
• Experience in your specific IP area (patents, trademarks, copyrights, or trade secrets)
• Knowledge of your industry sector
• Track record handling cases similar to yours
• Familiarity with international IP protection if you need coverage beyond North America

For patent attorneys specifically, verify they have both legal credentials and technical expertise in your field.

Patent application processes across North America have notable differences:

1. United States: Follows a first-to-file system, offers provisional applications, requires disclosure of best mode, and conducts examination for utility, novelty, and non-obviousness
2. Canada: Also first-to-file, but has no provisional application option, offers a delayed examination system (up to 5 years), and has different fee structures
3. Mexico: Uses first-to-file, has a 10-year maintenance period compared to 20 years in the US and Canada, and has different prior art considerations

Each country also has different grace periods for public disclosures before filing, making coordination with a patent attorney essential when seeking protection across North America.

Companies should register trademarks across multiple North American countries for several reasons:

First, trademark rights are territorial – registration in the US doesn’t provide protection in Canada or Mexico. Second, with USMCA trade increasing cross-border commerce, protection in all markets where you sell or plan to sell is essential. Third, early registration prevents trademark squatting by competitors or opportunists.

Additionally, each country has unique requirements – the US requires proof of use in commerce, Canada recently eliminated use requirements before registration, and Mexico has different classification systems. A trademark registration strategy covering all relevant North American markets helps secure brand rights and facilitates enforcement against infringement.

The major intellectual property litigation venues in North America include:

• United States: US District Courts (particularly Eastern District of Texas, District of Delaware, Northern District of California), Court of Appeals for the Federal Circuit (CAFC), Patent Trial and Appeal Board (PTAB), and International Trade Commission (ITC)
• Canada: Federal Court of Canada, Federal Court of Appeal, and provincial Superior Courts
• Mexico: Mexican Institute of Industrial Property (IMPI) for administrative actions, Federal Courts for appeals, and specialized IP Chambers

Each venue has different procedures, timelines, and remedies available for patent litigation, trademark disputes, and copyright enforcement actions.

Copyright lawyers across North America provide these essential services:

1. Registration of copyrights with the US Copyright Office, Canadian Intellectual Property Office, or Mexican National Institute of Copyright
2. Enforcement actions against infringement through cease and desist letters, takedown notices, and litigation
3. Negotiation and drafting of licensing agreements for creative works
4. Counsel on fair use/fair dealing exceptions and limitations

They also assist in resolving disputes over copyright ownership and help clients understand their rights in various jurisdictions.