Let us help you achieve the best outcome for your situation. Contact us today to schedule a consultation. We accept a wide variety of cases and our goal is to use our expertise to help you achieve the most excellent outcome. Choosing a law firm you can trust is often difficult for the most sophisticated of parties. The Courts are just above all and so big firms with many lawyers and support staff can paradoxically produce worser outcomes than a focused, boutique firm. Our lawyers have gone to the best law schools in Canada, and have extensive trial and litigation experience in Courts across Ontario. ​

At Splane Roy LLP, our primary interest is not just patent, trademark and copyright infringement litigation. Our goal is to help startups, entrepreneurs, established businesses and creators protect and commercialize their intellectual property in Canada. We provide and coordinate services from the initial assessment and business arrangements through applications, responses to objections, commercial agreements, ongoing protection and dispute resolution.

Our advantage over firms with in-house engineers who don't hire outside technical help is the ability to build the technical team around your particular invention or business—not limit your matter to the expertise available within a fixed in-house engineering team. Through our extensive network, we can identify and retain outside engineers, scientists and other technical experts whose experience is closely aligned with the subject matter involved.

For a specialized invention, the relevant expertise may go well beyond a broad engineering discipline. A project involving battery chemistry may require different knowledge from one involving power distribution. A medical imaging device may call for different expertise from a surgical instrument. A software invention may require someone familiar with the particular computing architecture, security problem or industrial application—not simply a general familiarity with software development.

Our strategy of specialized retention of experts gives us the flexibility to seek that closer match. Where a project crosses several disciplines, we can bring together complementary experts rather than depend on one person to address every technical issue. Where a matter requires only limited technical assistance, we can scope the expert’s involvement accordingly.

The result is a more individualized approach to selecting expertise, defining the work and coordinating the services your matter requires. Our firm remains your central legal contact, while outside professionals contribute within their respective roles. We also engage licensed Canadian patent and trademark agents where required or appropriate, including during application preparation, prosecution and responses to objections from the Canadian Intellectual Property Office.

For startup and business clients, this work is supported by the agreements needed to establish ownership and operate the business: founder and shareholder agreements, non-disclosure agreements, employment agreements, independent contractor agreements, development contracts, licences and customer or supplier agreements. The scope of services, outside professional involvement and anticipated costs are addressed as part of the engagement.

1. Patents: A Technical Team Selected for Your Invention

We can file the initial patent application on your behalf (however we will retain a patent agent if there are objections/clarifications required for obtaining your paten) and through the Paris Convention Treaty we can retain IP firms in other countries on your behalf to have your patents filed within the applicable deadlines.  Our patent services begin with understanding your invention, how it works and what you intend to achieve commercially. We review its stage of development, its technical features, the problem it addresses and the contributions of the people involved. We also examine ownership arrangements and any existing employment, consulting, research or funding agreements that may affect the proposed protection strategy.

We match technical assistance to the invention’s particular field and, where appropriate, its specific subfield. Depending on the technology, this may involve retaining a mechanical engineer, electrical engineer, software specialist, chemical engineer, materials scientist, biomedical expert or another appropriately qualified professional. For an interdisciplinary invention, we can coordinate input from more than one field.

This approach is intended to support more focused inventor interviews, clearer technical descriptions and a closer examination of the features that distinguish the invention. The selected expert can assist with drawings, technical examples, experimental information, alternative implementations and analysis of relevant existing technology. The technical work is then coordinated with the patent agent’s drafting and prosecution strategy.

We do not treat outside expertise as a standard addition to every file. We consider what the matter actually requires, what information the inventor already has and where an expert’s contribution would be useful. Expert involvement can be directed to a defined question or extended across several stages of the application process.

Before sensitive information is shared with a developer, manufacturer, consultant or prospective business partner, we can prepare an appropriate non-disclosure agreement and advise on the proposed disclosure arrangements. We also prepare invention assignments, employment agreements, independent contractor agreements and research or development contracts addressing ownership, confidentiality, pre-existing technology, future improvements and cooperation with patent applications.

For startups, this may include documenting the transfer of an invention from a founder to the company and clarifying the rights of co-founders, developers and other contributors. For established businesses, it may involve reviewing whether existing employment and contractor arrangements adequately address newly developed technology.

We coordinate prior-art research, application preparation and filing strategy with the appropriate professionals. Licensed Canadian patent agents are retained for work requiring agent representation and where their involvement is otherwise appropriate. Their involvement begins at the stage the matter requires; it is not postponed until an objection arises where an agent is needed earlier. Engineers and scientific experts supply technical input, while the appointed agent undertakes the patent drafting and prosecution responsibilities assigned to them.

If the Canadian Intellectual Property Office raises objections, we bring the legal, patent-agent and technical contributions together. The appointed agent addresses the examination issues, while the relevant technical expert can help explain distinctions, assess cited material and evaluate the technical implications of proposed amendments. Our firm coordinates instructions and helps you understand the available options in light of your commercial objectives.

After grant, our services can continue through maintenance coordination, ownership updates, licensing, assignments and commercialization agreements within the agreed engagement. We also prepare and negotiate manufacturing, development, supply and technology-transfer arrangements.

Where a dispute arises, we assist with evaluating allegations, organizing evidence, obtaining appropriate technical analysis, negotiating resolutions and pursuing or defending litigation. Additional counsel or independent experts may be retained where the matter requires their experience.

2. Trademarks: Protection Built Around Your Brand and Business Model

Our trademark services begin with understanding your business, its customers and its plans for the Canadian market. We assess proposed names, logos, slogans and other branding in the context of the goods or services you offer. We coordinate searches and advise on potential conflicts before you make substantial commitments to packaging, signage, advertising or website development.

For a startup, we help connect brand protection with the business’s ownership and operating arrangements. This can include identifying the appropriate owner of the trademark, documenting a founder’s transfer of brand assets to the company and reviewing agreements with designers, marketing agencies and website developers. We also address control of domain names, social media accounts and related materials.

Our coordinated model allows us to select outside trademark-agent support according to the needs of the matter. An initial application, an examiner’s objection and a contested opposition may involve different demands. We retain appropriately qualified professionals for the work involved rather than treating every trademark file as the same administrative exercise.

We prepare or coordinate application materials, including identifying the applicant, organizing the relevant goods and services and considering the proposed filing approach. Licensed Canadian trademark agents undertake work requiring agent representation and assist where otherwise appropriate.

If the Canadian Intellectual Property Office raises an objection, we review the issue with the retained agent and explain its significance for your application and business. We coordinate the response, supporting information and any appropriate amendments. Where an opposition or other contested proceeding arises, we assist with gathering evidence, developing instructions, coordinating agent representation and exploring settlement options. We also assess available review or appeal steps where relevant.

Our services extend beyond registration to the contracts through which a brand is used and commercialized. We prepare and negotiate trademark licences, distribution agreements, reseller agreements, brand-collaboration agreements and related business contracts. These can address permitted uses, approval of promotional materials, quality-control arrangements, exclusivity, payment and the consequences of termination.

For growing businesses, we also assist with customer agreements, service contracts, supplier arrangements and other documents connected to the sale of branded products or services. The objective is to align your brand-protection strategy with the way the business actually operates.

Within an ongoing engagement, we can coordinate renewals, ownership changes and reviews of whether the existing protection reflects new products or services. When another business adopts potentially confusing branding or challenges your own use, we assess the circumstances and assist with demand letters, responses, coexistence agreements, settlement negotiations and litigation where appropriate.

3. Copyright: Legal and Technical Support for Software, Content and Creative Assets

Our copyright services support software developers, publishers, photographers, artists, content creators and businesses that commission, acquire or use creative work. We begin by identifying the relevant assets, their creators and the agreements governing their development and use.

For startups and growing businesses, ownership questions often arise when founders, employees, freelancers and development agencies contribute to the same project. We review those relationships and prepare the assignments, licences and other agreements needed to document the intended arrangements.

Our services include employment agreements, independent contractor agreements, software-development contracts, website-development agreements, commissioned-work agreements and confidentiality agreements. Depending on the project, these documents can address deliverables, milestones, payment, revisions, acceptance procedures, ownership, access to source files, third-party materials, ongoing support and termination. We also address moral-rights provisions where appropriate.

Our expert network is particularly useful when the copyright issue involves technically complex material. A source-code dispute may call for someone familiar with the relevant programming language and system architecture. A matter involving digital files may require expertise in metadata, development histories or evidence preservation. We can retain outside assistance focused on the actual technical question rather than rely on general engineering knowledge.

The expert’s role is defined around the issue requiring analysis. This may involve comparing particular materials, examining development records or explaining technical findings. Our firm coordinates that contribution with the legal assessment of ownership, permitted use, alleged copying and potential defences.

Where Canadian copyright registration is appropriate, we prepare and submit the application, coordinate administrative inquiries and assist with relevant ownership records. We also help clients organize source files, dated drafts, publication records, development histories and signed agreements.

For commercialization, we prepare and negotiate software licences, software-as-a-service agreements, publishing contracts, content licences and other permissions. We address the scope of permitted use, payment, exclusivity, modifications, distribution, support obligations and termination. We also review agreements proposed by customers, publishers, platforms and commercial partners before you commit to them.

When unauthorized use is suspected, we assess the available evidence and recommend a response proportionate to the issue. Our services include demand (cease and desist) letters, appropriate removal requests, negotiated licences, settlement discussions and court proceedings. We also assist clients responding to infringement allegations and review their contracts and internal practices to address the underlying risks.

Across patents, trademarks and copyright, we try to take an individualized approach to every case. We identify the legal needs, select outside expertise for the particular subject matter and coordinate the work around your business objectives. Whether you are establishing ownership before launch, hiring your first developer, protecting a specialized invention or responding to a dispute, we develop the engagement around the work your business needs.