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invention disclosed in the application. If a provisional application is filed, then within a year of that filing, a full application must be filed. If a provisional or regular application was filed it may be amended and re-filed along with any new data, and further claims concerning new aspects of the invention. However, if you file either a provisional or regular patent application and then publish or present your results elsewhere, you must ensure that the published subject matter was included within the original provisional or regular application. If the published data is included in the application after the publication date, then the published data may be cited against you during examination (see above on novelty). Publication timelines and content must also, therefore, be discussed with your Technology Transfer/Business Development Office.

  • 5.

    Other Forms of Intellectual Property Protection

    • 5.1


Copyright is the exclusive right of the creator, or subsequent copyright holder, to reproduce a work. Copyright subsists as soon as an artistic, literary or musical work or software is created, and registration at the Copyright Office is purely voluntary. It is however, advisable to put the public on notice that the creator is claiming Copyright by marking all copies of the work with a Copyright Notice. Registration of a Copyright facilitates the Copyright holder's rights in the event of a legal dispute. Copyright protection in Canada lasts for the life of the creator plus fifty (50) years. Copyright extends to other countries by virtue of treaties such as the Berne Convention and Universal Copyright Convention and the term in other countries depends on the national law.

5.2 Know - How

A researcher's know-how can often have considerable value. While it is mandatory in filing a patent application to disclose sufficient information to enable others to practice the invention, the researcher will often possess valuable confidential know- how and experience to permit commercial optimization of a process or product. Know-how can be licensed independently and a know-how license need not be restricted to the term of the related patent. Confidential information and know-how should, therefore, be clearly defined and disclosures should be covered by a written contract. Know-how, expertise, and “show-how” (a term related to the teaching of new techniques) often form the basis of the valued-added a researcher can provide to an industrial sponsor. This expertise should be included in the research contract or consulting agreement established with a commercial partner and/or industrial research sponsor.

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