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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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