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[COMMERCIALIZATION
PROCESS]
Step
2: Protection
Generally, protection, usually via a patent application,
begins once the assessment of your technology has been
completed and an Intellectual Property Agreement has
been signed.
Here is how the protection process
works:
1. Determining the type of protection
PARTEQ's patent team begins by determining what
type of protection best suits your intellectual property
(IP). If you have not already done so, you will be asked
to fill out a confidential Invention Disclosure Form,
which assists in this process.
There are six types of intellectual property protection
in Canada:
• Patents – for inventions, i.e., new technology
• Copyrights – for literary, artistic, dramatic
and musical works
• Trademarks – words, symbols and/or pictures
used to distinguish goods and services
• Industrial Design Registrations – for
the shape, pattern or ornamentation of industrially
produced products
• Integrated Circuit Topographies – for
the three-dimensional configurations of the electronic
circuits embodied in integrated circuit products or
layout designs
• Plant Breeders' Rights – for new
plant varieties
There is also common law protection for trade secrets.
Know-how and trade secrets can also be protected by
contract law.
2. Patentability assessment
In order to be patentable, an invention must be novel,
non-obvious and useful. PARTEQ meets with you, the inventor,
and does preliminary searching of patent and other appropriate
databases to determine whether your invention meets
these criteria.
3. Decision to commercialize or return to inventor
At this point, PARTEQ's commercial development
and patent teams look at both the patentability of your
invention and its potential "fit" with the
marketplace, and make a decision either to return your
technology to you, or to proceed with commercialization.
4. Prepare and file patent application
Once PARTEQ decides to proceed with commercialization,
a member of the patent team meets with you for detailed
discussions about your technology. The patent team works
closely with you throughout the application and prosecution
process, which can take several years. Prosecution refers
to the lengthy series of interactions between PARTEQ
and the patent office (usually, but not always, the
U.S. Patent Office) as it assesses the merits of your
application.
5. Congratulations! Your patent is granted
Once a patent has been issued, PARTEQ looks after post-issuance
obligations, such as payment of maintenance fees to
keep your patent in force, and keeps you informed of
the ongoing status of your patent portfolio.
Frequently
asked questions
What
is a patent?
Why
patent?
Patent
costs?
Patent
lifespan?
Patent
vs publish?
>>
Next step: Commercialization
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