Questions answered

A patent gives the holder the right to exclude others from making, constructing, using, selling, offering to sell, and importing the patented invention. A patent does not necessarily provide the holder any affirmative right to practice a technology since its use may infringe a patent owned by others, or its use may be otherwise legally prohibited or regulated. The key criteria for patentability are non-obviousness, novelty and utility.

An IP license is a permission that the owner of IP rights grants to another party to do what would otherwise be an infringement, usually under a license agreement.

Most Licensees are known to the inventor. Your research and sponsored research partners are valuable avenues for identifying potential Licensees. As an example, Innovate Calgary broadens these relationships through market research, their partners, association memberships, personal contacts, website postings, industry events and existing industrial relationships.

A trademark identifies the source of a good or service, rather than naming it. A trademark is a sign (or combination thereof) that is either used or proposed to be used by someone to distinguish, or for the purpose of distinguishing, goods or services made by that person from those made by others. Certification marks are also trademarked. They indicate the source of a good or service as emanating from a prescribed standard. Geographical indications are not trademarks, but are protected by the Trademark Act as an indicator of the geographical source of a product.

A disclosure is a written notice of innovation that is submitted to VPR Legal & IP or Innovate Calgary by completing the online disclosure form. All disclosures are confidential and
researchers can elect to disclose to either VPR Legal & IP or Innovate Calgary.

Intellectual property (IP) refers to creations of the mind, such as artistic works, discoveries, innovations and inventions. IP rights may be secured under patent, copyright, trademark
or trade secret laws.

A conflict of interest can occur when a University of Calgary employee, through a relationship with an outside organization, is in a position to:

• Influence the University of Calgary’s business, research or other areas that may lead to direct or indirect financial gain
• Adversely impact or influence one’s research or teaching responsibilities
• Provide improper advantage to others, to the disadvantage of the university

Actual or potential conflicts should be disclosed to your supervisor

There are many different ways to commercialize something and nothing is guaranteed.  In fact, odds are against commercial success with any innovation. Ask yourself:

• ·  Do you like being the underdog?
• ·  Do you seek the hard challenges that most people shy away from?
• ·  Do you thrive when you take personal responsibility for success or failure?

If you answer yes to these questions. commercialization may be the path for you. The benefits of commercialization are unique to each individual, which may contribute to:

• Positive impact on society that addresses a social, health, environmental or technical need
• Opportunities for sponsored research
• Streamlined operational processes for industry
• Economic development and diversification
• Experiential learning and employment opportunities for students
• A sense of personal fulfillment
• Recognition and financial rewards
• Increased University of Calgary awareness, prestige and brand recognition