A PATENT is an exclusive intellectual property right granted by the Government which allows the holder of the right or patent (e.g. patentee) the ability to exclude others from making, using, or selling the invention or subject matter of the patent for a maximum of 20 years from the date the application for the patent was filed. To be patentable, an invention must satisfy the statutory requirements of novelty (not known anywhere in the world); utility (is useful and functions); and inventive ingenuity (is not obvious to a person skilled in the art or field to which the invention relates).
In exchange for the monopoly granted by a patent, the patentee is required to provide full disclosure by way of an enabling description so the public will be able to benefit from the advance in technology and knowledge, and put it to successful use once the monopoly has expired. However, while the patent is in force, the public cannot practice the subject matter of the patent without the patentee’s permission .
A patent is an an asset and like any other asset, can be valued and monetized. As part of a company’s operational strategy, it can build a portfolio of patents that effectively blocks and keeps the competition away. Patents can also be licensed to not only generate revenue, but to increase technological advancement by creating an opportunity for the licensee to work the invention. Further, because a patent is an asset, it can be sold or licensed to realize revenue, or used as a financing vehicle to negotiate funding as part of a company’s financing efforts.
INTELLECTUAL PROPERTY are rights granted by the Government for intellectual creativity. In addition to patents, other intellectual property rights include trademarks, copyrights, industrial designs and integrated circuit topography:
Patents: new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement to an existing invention (please see A Guide To Patents);
Trademarks: one or a combination of words, sounds or designs used to distinguish the goods or services of one person or organization from those of others in the marketplace (please see A Guide To Trademarks);
Copyright: protects literary, artistic, dramatic or musical works (including computer programs), and other subject-matter known as performer’s performances, sound recordings and communication signals (please see A Guide To Copyright);
Industrial Designs: the visual features of shape, configuration, pattern or ornament, or any combination of these features, applied to a finished article (please see A Guide to Industrial Designs); and
Integrated Circuit Topographies: the three-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs (please see A Guide To Integrated Circuit Topographies).
IN TODAY’S RAPID technological change, it is important to stay abreast of new technology. Patent Office databases hold a gold mine of technical know-how, waiting to be tapped. This technical know-how is just a “click” away, and is readily accessible online:
Canadian Intellectual Property (CIPO) website:
http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home
Canadian Patent Database:
http://brevets-patents.ic.gc.ca/opic-cipo/cpd/eng/introduction.html
U.S. Patent & Trademark Office (USPTO) website:
http://www.uspto.gov/index.jsp
USPTO Database:
http://www.uspto.gov/patents/process/search/index.jsp#heading-1
European Patent Office Website:
Espacenet Database:
http://www.epo.org/searching/free/espacenet.html
http://www.epo.org/service-support/useful-links/databases.html