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Frequently Asked Questions
What is Intellectual Property?
Who owns Intellectual Property?
What is considered a public disclosure of Intellectual Property?
What is the UPEI commercialization process for Intellectual Property?
Where can I find an Invention Disclosure Form?
What are the available funding opportunities for researchers who want to develop their research?
What is Intellectual Property?
Intellectual property (IP), very broadly, means the legal rights that result from intellectual activity in the industrial, scientific, literary and artistic fields. IP rights, whether in the form of patent, trade-marks, copyrights, industrial designs, integrated circuit topographies, or plant breeders' rights reward this intellectual activity.1
Read the IP Primer for a general backgrounder for understanding information covered under copyright and patent laws.
1 http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00331.html
Who owns Intellectual Property?
The initial ownership of intellectual property is in most cases held by the creator of the IP. However anyone having made a contribution to the creation of the IP may also be considered an owner unless otherwise provided by contract.
Co-ownership may be created in circumstances where two or more persons share interests in intellectual property rights. Interests in intellectual property are usually determined by either what kind of contribution each creator has made to the final outcome or product or may be received through a legal document named assignment.2
“Canadian law recognizes co-ownership, even in the absence of a contractual agreement. These rights can arise by collaboration in the creation of the IP right, or by devolution, such as inheritance.3” Co-ownership may limit your rights to commercially exploit or use for academic purposes the intellectual property. If you have questions regarding your rights to exercise your IP or think you may need a contract in place, please contact Three Oaks Innovation Inc.
An inventor is not necessarily an owner of intellectual property. An inventor is a person who has had an original idea or contributed intellectual input to one of the claims of a patent. A patent application should name all the inventors who have made a contribution to the inventive process.
What is considered a public disclosure of Intellectual Property?
“Public disclosure is the release of information regarding a discovery or invention in sufficient detail to allow others in your field to take advantage of your discoveries - make, use, apply and benefit from your work - without giving you credit or acknowledgment.4”
Any public disclosure may put in jeopardy any future patent protection of your intellectual property. In Canada, patents are awarded to the first inventor to file an application. Therefore, it is essential that your invention is kept confidential until you decide how you’d like to proceed. It is very easy to do something that constitutes publication or public use without realizing it. A public disclosure may constitute the publication of materials printed, photocopied, typed, microfilmed or otherwise fixed communication. Not only conventional academic publications but also abstracts, master's theses, Ph.D. dissertations, presentation overheads, poster sessions, tape recordings of speeches, scientific meetings, collaborations, informal discussions and even e-mails may all be considered printed publications once they are delivered to a third party, distributed at a meeting, shelved and cataloged in a library or defended at panel.
Contact Three Oaks Innovation Inc. to obtain advice on how to avoid inadvertent disclosures or strategies to protect the integrity of your intellectual property if you are about to disclose.
4 http://www.umanitoba.ca/research/tto/researchers
What is the UPEI commercialization process for Intellectual Property?
You can click on the following link to access the UPEI commercialization flow chart and process description. If you have any questions contact Three Oaks Innovation Inc.
Where can I find an Invention Disclosure Form?
You can click on the following link (MS Word document) to access UPEI Invention Disclosure form. If you need any assistance with completing the form or have any questions please contact Three Oaks Innovation Inc.
What are the available funding opportunities for researchers who want to develop their research?
Visit the UPEI Office of Research Development to explore funding opportunities available to researchers/