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Intellectual Property
Intellectual property can be the most valuable asset of a commercializing life sciences firm. Intellectual property rights is an emerging issue in the life sciences, which involves many sectors of society, including government, business, and consumer groups. Information about this aspect of the commercialization process is listed below:
- Overview
- Non-Disclosure Agreements
- Intellectual Property Information Sources
- Intellectual Property Acts
- Intellectual Property Agents/Lawyers
Overview
Intellectual property rights vary from country to country. In Canada, the Canadian Intellectual Property Office (CIPO) is responsible for administering Canada's intellectual property system. The following table lists Canadian definitions and provisions. Of these, patent law is the most important to firms in life sciences due to the unique nature of their inventions.
(Source: Canadian Intellectual Property Office)
A patent excludes others from making, using, or selling an invention for up to 20 years after the filing date. Patents cover new inventions (processes, machines, manufactures, composition of matter) or useful improvements on existing inventions only.
Three Basic Criteria:
- The invention must be novel: the first original invention of its kind.
- The invention must have utility: It must work, and have a useful function.
- There must be inventive ingenuity: It cannot be obvious to someone who is skilled in the area.
Six Basic Criteria:
- Cannot trademark a name or surname.
- Cannot register a clearly descriptive word (such as an adjective) in English or any other language.
- Cannot indicate a place of origin.
- Cannot be "deceptively misdescriptive".
- Cannot be confusingly similar to another trademark.
- Cannot trademark prohibited marks (such as the Canadian Flag).
A copyright provides the creator or owner of literary, dramatic, musical, and artistic work to the exclusive right to copy the work in question, typically for the life of the creator plus 50 years.
Three Basic Criteria:
- Must be an original work.
- Must be more substantial than a name, title, or a short word combination.
- Cannot copyright factual information.
An industrial design refers to the protection of original physical features of a product, such as shape, configuration, pattern, or ornament (or any combination of these), for a period of five years (renewable once, for a second five years).
Criterion:
- Must have original features that "appeal to the eye."
The three-dimensional configuration of microchips which embody semiconductor integrated circuits can be registered and protected for up to 10 years.
Criterion:
- Must be an original topography.
Non-Disclosure Agreements
Non-disclosure agreements are particularly useful in situations
where confidential information is being shared with a third party,
including the distribution of a business plan to venture capitalists,
or the licensing of a life sciences product to a large corporation.
A signed acknowledgment by the recipient of information that the information is owned by someone else and cannot be disclosed to a third party, nor can it be exploited by the recipient for personal gain. Non-disclosure agreements are particularly important when sharing results from a scientific breakthrough with another party. They are often used to prevent former employees from sharing information with competitors.
Criterion:
- Must be a signed, legal document.
Intellectual Property Information Sources
The following links provide Canadian and international sources of intellectual property information.
- Canada's Intellectual Property Policy Directorate
- Intellectual Property Institute of Canada
- Canada's Innovation Strategy - Intellectual Property Links
- Intellectual Property Management Program (NSERC, CIHR, SSHRC)
- Association of Universities and Colleges in Canada - Approaches of Canadian Universities to the Management and Commercialization of Intellectual Property
Learn more about International Intellectual Property Rights.
Intellectual Property Acts
- Patent Act
- Trade-marks Act
- Plant Breeder's Rights Act
- Copyright Act
- Industrial Design Act
- Integrated Circuit Topography Act
Intellectual Property Agents/Lawyers
Many professional services firms in Canada provide intellectual property assistance to commercializing firms in the life sciences sector. Some of these firms can be found via the SourceCan website and through the Canadian Company Capabilities database. Also, PATSCAN provides a list of intellectual property lawyers by province.
The Canadian Intellectual Property Office (CIPO) provides a list of patent agents by province.
