Many financing transactions, such as credit or securitization, involve companies that focus on intellectual property or have a certain amount of material („IP“). We often receive questions about the ip security interest process, which has become confused by competing federal and regional bodies and various court decisions. This contribution contains a general summary of the law and some good practices. Yes, yes. A security contract is displayed under the „Action History“ tab of a trademark on the CIPO website. When borrowing a secured loan, the lender typically uses interest on some or all of the borrower`s U.S. IP assets as a guarantee of the loan repayment and compliance with its obligations under the loan contract and the borrower`s security record. Security interests via U.S. IP assets are created and added in the same way as those on other personal real estate, but there are some important considerations about how U.S. IP security interests are obtained or „perfected“ by lenders. The law on this process can sometimes be confusing.
Therefore, the best practice is to develop a security interest for the US IP, namely that a secured creditor (i) files a UCC-1 financing return with the state in which the debtor is located and (ii) that an abbreviated IP security agreement or confirmation document is registered with the USPTO and/or THE US Copyright (US) Patents The Federal Patent Act does not address the development of security interests.  Therefore, Section 9 of the UCC should regulate the development of security interests with respect to patents and patent applications.  In order to enhance a security interest in a patent, the party must file the UCC-1 funding statement.  However, the lender should also submit a short-term IP security agreement with the USPTO to protect and act as a notification to buyers or protective mortgages that browse USPTO records and subject the patent to existing security interests. To be considered appropriate, the IP security contract with the USPTO must be submitted within three months of its date or before the date of a subsequent purchase or mortgage.  If the lender does not submit a short-term IP security agreement in a timely manner indicating its interest in security, the subsequent buyer or mortgage agent of the patent concerned will not be informed of the safety interest, which may affect the effectiveness of the security interest. The security agreement should include a comprehensive definition of patents, including interim and non-provisional applications, patents granted, including patents based on continuation, continuation, partial applications and replacement applications, patents resulting from a re-identification or review procedure, and potential foreign equivalents and enhancements. It is also recommended that such drafting includes claims for past and future violations of guaranteed patents. While financial institutions may not be willing to finance a business on the basis of a new brand, brands that have earned their reputation and goodwill for years can benefit. Intellectual property holders may also make up all of their intellectual property, including the trademark as a basket of rights, to ensure higher value financing. A security transfer is a kind of mortgage and involves the transfer of ownership of the owner`s trademark (brand holder) to a transferee (financial) as collateral for a loan, the condition being that ownership of the mark be transferred to the owner of the mark after fulfilling all the obligations of the loan.
Under current Canadian law, what are government fees for registering a trademark security interest? In addition to documents that constitute a transfer or alteration of ownership, other documents relating to the interests of patents or applications are generally covered.