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Corporate

How does a lender perfect a security interest in a corporation's intellectual property?

TSL Written by the Treadstone Law team· Updated August 2026

Intellectual property such as patents, trademarks, and copyrights is generally treated as intangible personal property, and a lender taking a security interest in a corporation's intellectual property generally perfects it the same way as other intangibles under Ontario's Personal Property Security Act — by registering a financing statement describing the intellectual property as collateral. This is typically done as part of, or alongside, a broader general security agreement covering the corporation's assets more generally.

Because federal intellectual-property registries, such as the one maintained by the Canadian Intellectual Property Office, also allow certain notices or interests to be recorded against specific registered rights like a patent or trademark, lenders financing a corporation with valuable IP assets sometimes take the additional, more cautious step of recording their interest there as well, on top of the PPSA registration, to reduce the risk of a gap between the two systems. Because the interaction between provincial PPSA registration and federal IP registries can be technical and isn't always straightforward, this is an area where getting specific legal advice matters, particularly for a corporation whose intellectual property is a significant part of its value.

Key takeaways

  • Intellectual property is treated as intangible personal property under the PPSA
  • Perfection is generally achieved by registering a financing statement, as with other intangibles
  • Lenders sometimes also record an interest with the relevant federal IP registry
  • Get specific legal advice given the technical overlap between provincial and federal systems
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone corporate lawyer can help.
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