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[ownership policy: general faqs]




Why protect and commercialize IP?
Most inventions and software created at Canadian universities are based on research primarily sponsored by some form of government funding. At Queen's, for example, researchers conducted nearly $150 million worth of research last year, much of it funded through programs sponsored by the Government of Canada. Protection and commercialization by the universities' intellectual property management office enables the university to fulfil its mission to transfer the results of intellectual inquiry to the public, while ensuring that proceeds from these publicly funded discoveries are returned to the university.

Do I have to commercialize my IP?
No. Under the terms of the faculty Collective Agreement, no creator is obliged to engage in commercial exploitation of his or her IP. You are free to publish or use other means to place your IP in the public domain. However, if you are interested in commercializing your IP, you must report your discovery in writing to the Vice-Principal, Research, prior to seeking protection or commercialization.

Who owns IP developed at Queen's?
Generally at Queen's, all intellectual property is owned by you, the creator(s), UNLESS some other arrangement has been agreed to in advance for certain categories of employment, for certain types of funding, or by individual contract.

Who is an inventor?
An inventor is a person who has had an original idea or otherwise contributed intellectual input to one of the claims of a patent. A patent application may be filed naming one or more inventors. A person who works under the direction of another and does not contribute any original thought to the claimed invention, i.e., "works as a technician" to simply confirm an invention, must not be named as an inventor. Professional collaborators may or may not contribute to the inventive concept being claimed. Great care should be taken in deciding who should be named as an inventor. It is important to understand that inventorship is a legal matter, not a collegial matter -- not all co-authors of a publication need be co-inventors. Collaborators not deemed to be co-inventors can, however, be recognized through some sharing of the net proceeds from the invention. If you are in doubt as to inventorship, you can consult PARTEQ for a professional opinion.

Who pays for the costs of commercialization, and who gets the proceeds?
In most cases, value – usually in the form of patent protection and financial and business management -- needs to be added to your IP before it can be commercialized. PARTEQ manages this value-added process and covers the costs of protecting and licensing your IP. We work with you to develop and manage a commercialization strategy that makes the most of the benefits and returns of your IP. As a not-for-profit organization, PARTEQ ensures that commercial value created through your research is returned to you, the inventor(s), and to Queen's, through revenue-sharing agreements. Since its inception in 1987, PARTEQ has returned more than $15 million to Queen's and its inventors.

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