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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.
| Form
of Protection |
Description
and Criteria
(Source: Canadian
Intellectual Property Office) |
| Patents |
Description:
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.
|
| Trade-marks |
Description:
The
core asset behind the brand value of a product, service or
process. A trademark
is a distinguishable mark, which can be in the form of a word(s)
(i.e. the word Prozactm is a trademark), symbol(s)
such as a company logo, or a design, which can involve a unique
colour scheme or inventive packaging, etc. A trademark is
valid for 15 years, but can be renewed indefinitely.
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).
|
| Copyrights |
Description:
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.
|
| Industrial
Designs |
Description:
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."
|
| Integrated
Circuit Topographies |
Description:
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.
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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.
| Non-Disclosure
Agreements |
Description:
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.
|
Top
Intellectual Property
Information Sources
The following links provide Canadian and international sources
of intellectual property information.
Learn more about International Intellectual
Property Rights.
Top
Intellectual Property
Acts
Top
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.
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