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[FREQUENTLY
ASKED QUESTIONS]
Why
commercialize?
Do
you have to commercialize your IP?
Who
pays? What's in it for PARTEQ?
What
is an invention?
What is technology
transfer?
What
is Intellectual Property (IP)?
What
are research contracts?
What
is a patent?
Why
patent?
Patent
costs?
Patent
lifespan?
Patent
vs publish?
What
is a license?
What
is a spinoff company?
Where
can I find commercialization funding?
How
long does commercialization take?
Why
commercialize?
Most inventions 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 PARTEQ or by researchers themselves allows Queen's
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 and its inventors.
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Do
you have to commercialize your 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, publication prior to
applying for a patent can jeopardize the ability to
protect and commercialize your IP. Please note, however,
that protection
does not preclude publication.
Learn
more about your IP rights and obligations .
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to top
Who
pays? What's in it for PARTEQ?
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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What
is an invention?
" ‘Invention' means any new and useful
art, process, machine, manufacture or composition of
matter, or any new and useful improvement in any art,
process, machine, manufacture or composition of matter."
-- Section 2, Canadian Patent Act. Inventions are generally
protected by patents.
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What
is technology transfer?
In its broadest context, technology transfer is the
transmission of research and study at institutions of
higher learning to the public. However, the term has
come to be known more specifically as the formal transfer
of research discoveries into commercial entities for
development.
>>View
Queen's Policy on Technology Transfer
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What
is intellectual property?
Intellectual property, simply defined, is any form of
knowledge or expression created with one's intellect.
It includes such things as inventions, literary, artistic,
musical or visual works, computer software, trademarks,
and "know-how."
>>
Learn more about IP
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What
are research contracts?
Research contracts/research agreements are agreements
negotiated with the university to provide research on
a project. Research contracts normally include a work
plan, deliverables, conditions related to publication
of results, clauses related to ownership of intellectual
property and its commercialization. All research contracts
require the approval of the head of the department/academic
unit and must be signed by the Director of Research
Services or designate prior to implementation.
From time to time the university enters into sub-contracts
with other institutions/organizations to perform research
under a research contract where it is deemed desirable
to use external expertise. Where the sub-contract involves
a company in which the researcher has a personal interest,
the university requires that the sponsor be aware of
the sub-contract, that the university and the company
enter into a contractual agreement and that the company
demonstrate it has third party liability insurance.
>>
Learn more about Queen's research policies
>>
Learn more about PARTEQ's place in the research life
cycle at Queen's
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What
is a patent?
A patent is an exclusive monopoly to make, use or sell
a claimed invention for a limited period of time.
>> Learn
more about patents
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Why
patent?
A commercialization partner, or licensee, is unlikely
to assume the risk of commercializing your discovery
without the monopoly that a patent provides. A patent
ensures a return on the considerable investments of
time and money that are necessary to bring your technology
to market.
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Patent
costs
Ballpark costs for filing a patent application vary,
but generally can range from $5,000 - $20,000. Additional
costs arise during prosecution and maintenance. All
of these costs are borne by PARTEQ, which recovers its
expenses from a licensee, and/or from future licensing
revenues generated by the patented technology. Back
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Patent lifespan
In Canada, a patent lasts 20 years from the date of
application, for applications filed since 1 October
1989. In the United States, the term is also 20 years
from the date of the first filed U.S. application; however,
for applications filed since 29 May 2000, the term may
be extended based on any delays in issuance of the patent
caused by the U.S. Patent and Trademark Office.
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Patent
vs publish
Protecting your intellectual property (IP) need not
prevent you from publishing your research results! However,
publicly disclosing your results without initiating
protection may prevent you from patenting later on.
If you are planning to present your research results
to the public, you may wish to think about seeking patent
protection beforehand. Please contact us if you are
planning to publish, present, post, or otherwise make
public your IP.
>>
All about public disclosure
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What
is a license?
A license is a contract with an external party, giving
it the right to make, use, sell, and/or export your
technology. Licenses can be exclusive or non-exclusive,
and rights can extend to one, some, or all applications
or fields of the technology. Since its inception in
1987, PARTEQ has licensed products that led to the formation
of 33 companies, including 16 spinoff companies.
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What
is a spinoff company?
A spinoff company is a company, or venture, founded
by PARTEQ Innovations on the basis of intellectual property
developed at Queen's University. Since its inception
in 1987, PARTEQ has founded 16 spinoff companies.
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Where
can I find commercialization funding?
If your discovery is at an early stage of development,
there are a number of government programs focused specifically
on advancing commercialization of university-based IP.
They include:
•
Canadian Institutes of Health Research Proof of Principle
(POP) Initiative
•
Natural Sciences & Research Council's Idea
2 Innovation (I2I) Program
•
Genome Canada
You can also
contact Queen's
Office of Research Services (ORS)
>>View
research funding application deadlines here.
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PARTEQ also has access to four venture funds focused
on investing in enterprises formed by Queen's researchers
looking to protect, commercialize and market research
discoveries.
>>
View our venture funds
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How
long does commercialization take?
There are no hard and fast rules to predict how long
it takes to advance a discovery to the marketplace.
Generally, however, the time to market for physical
science and engineering technologies is considerably
shorter than that for life sciences technologies, which
must undergo considerable regulatory review.
For example, software developed within the university
may be marketable within a year, while a novel chemical
entity being developed as a therapeutic drug may require
10 years and millions of dollars of developmental and
regulatory approvals before reaching the market.
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