Webinar | Clean-tech and Intellectual Property

Webinar | Clean-tech and Intellectual Property

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Welcome. To the Canadian Intellectual, Property Office, and, our webinar, on clean tech and intellectual, property. This. Is a pre-recorded webinar. That will take 50 minutes to complete the. Start time for each section is indicated, on the screen so, you can skip stop, go, back or repeat, as you wish, first. I will introduce you, to the Canadian Intellectual Property Office, SIBO and briefly. Explain, what we do then. I will outline some of the key observations. In the Canadian clean tech industry, and explain, why IP is important. If. You are unsure of what IP is I will, cover the fundamental, concepts, in section, 4 before we walk through six steps to develop an IP strategy in section 5 this. Section, also includes some, examples, and resources, specific. To developing, an IP strategy in the clean tech industry. In. Section, 6 I will explain some of the key consideration. To protect IP during, collaborative research and development. Finally. We, will wrap up this webinar by guiding you to our additional, resources for, our IP awareness, and education that are available in Canada free of charge. The. Canadian, Intellectual Property Office, Siebel. Is part, of the government, department, of innovation, science and Economic Development Canada. CIPO, is a special, operating, agency, and we, are responsible, for the administration and, processing, of good the greater part of intellectual, property IP, in Canada, our, operations, are funded through IP V's. At. Zeebo we, examine, and grant IP rights, such. As trademarks, patents. And industrial, designs, based. On various laws and regulations, we. Provide, a quasi-judicial function. For trademarks, and patents, we. Also have a mandate, to raise awareness for the effective, use of IP we. Provide a range of product and services free of charge to, help Canadian, companies gain a better understanding, of the importance, of protecting and, managing their, IP assets we. Also share IP information. In for example online databases, to, support innovation, and finally. We, make sure our IP systems, are similar to those in other countries so. That we can support businesses, that operate globally. What. Do we mean by clean, tech in this. Presentation, we. Will use the definition, used to identify patents. In this space and then, we say that clean, tech is any technology. That either helps. Resolve, or mitigate, environmental, impacts. Or. Conserves. The natural environment and, resources. Clean. Technologies, are important, for Canada's economy in, the past three, percent of Canada's GDP was, attributed, to production of clean technologies, clean, energy waste, management, and environmental. Goods and services. Canada's. Clean tech production, extends, beyond our national borders over. 17, percent of canadian clean technology, production, in 2016. Was exported. Looking. Forward our clean, Technic industry, continues, to take on the role of a global, leader and is, well represented internationally. In fact, not, less than 12 Canadian, companies, were featured, on a, 2019. Global, clean tech 100. List this. Is a list of companies, identified, as likely, having a significant. Impact over. The next five to ten years. Our. Innovation, system, in this sector is backed up by a strong research system, our. Researchers. Represent, over 3% of the sector's academic, publications, globally. Canada. Recently ranked, as number four, after Scandinavian. Counterparts, on a, 2017. Global, clean tech innovation, index which, ranks, countries by their potential, to produce entrepreneurial. Clean tech startup companies, that will commercialize, clean technology, innovations, over the next 10 years, our. Skilled, an entrepreneurial. Workforce, is also supported, by the pan-canadian, framework. On clean growth and climate change which, will encourage the development and, adoption of clean technology. The. Sector is faced with a few but significant, challenges, most. Of these relate to the commercialization. Of our research. We. Have risk-averse, consumers. Who are slow to switch, over to new technologies. Stakeholders. Have also highlighted that we need stronger policies, and regulations which. Can increase the domestic, demand for. Example, many, clean technologies, are hard to compare because there is still no standard, ways to measure and compare their performance. Finally. Even. For technologies, that have reached the market there is limited, access to finance, for scaling up. As. We just saw we, have a strong, innovation, system with big potential for growth we.

Also Saw that it's difficult to commercialize, and scale up our clean technologies. Many. Of the challenges such as policies, standards and risk-averse consumers. Are often, outside the scope of control of our innovators, but. Let's turn the focus to what we can control our, intellectual, property. Innovation. Is a big investment that needs protection, it all starts by identifying your, IP make. Sure to seek formal IP protection, and know, how this is done use. IP to, create solid, cornerstones, for how you will commercialize, your invention, for. Example, in some, instances, you may want to seek IP, protection, for your inventions, as soon as they are invented. This, will make it easier for you to discuss, your invention, with others without fear of loosing your IP rights to copycats as you. Will shortly learn clean. Technologies, can access a fast track route to patent examination. We. Will also introduce. Platforms. That make it easier to find and use others, IP, steer. Your efforts. Develop. An IP strategy so, that you have a plan for how to use your IP in order to achieve your business goals, this. Is also a good tool for communicating. With and convincing, investors, in the. Next two segments, you will learn about the differences, different. Types of IP as well, as how to develop, an IP strategy. Holding. Formal, IP has shown to be a strong, indicator, if, a company, is likely to, export. Experience. High growth and seek, finance. Let's. Look at some of the differences, between companies. That have no IP and those, that hold formal. IP. In. A 2017. Survey, some Canadian, SMEs without, formal IP indicated, that they're likely to export, the high growth and seek financing, interestingly. The, group of Canadian is amis that have formalized or, four times more likely to export, twice, as likely to experience high growth and, 27%. More likely to seek finance do, you have IP visit. Our website, to learn how you can identify and, protect your IP on w w canada. Dot CA /, IP for business. Much. Of the world's economy is, taking on a shift towards, any idea, economy, this, means that much of the economy, is based on ideas rather, than tangible, assets, like factories, and raw materials. These. Days up to 90%. Of the market value of a company, can come from intangible. Assets, such as brands. And the intelligent, designs of hardware, and apps in smartphones, new medicines, online, platforms. And so on the. Use of IP among. Canadian, clean tech companies is, low. Only, 32% hold, registered, trademarks. 24%. Hold trade secrets, and 21%. Hold patents, use. IP to, turn your idea into an. Intangible, asset. By. Learning what IP is you'll, be better equipped to, identify, your own IP and secure. Formal, IP rights a. Trademark. Is simply. A sign or a combination, of science that, helps consumers, identify, your product and services, by distinguishing, them from others, in the marketplace in. Most cases a trademark, consists of words or letter combinations. And specifically. Designed, logo. And also the letters for a domain name for. Example WW, company. Comm more. Recently trademarks. Have been expanded, to also include tastes. Textures, moving. Images and many other features that, make a brand or product stand, out in, terms, of branding and clean tech industry, green, or eco branding, could be used for electric, vehicle, charging, low, emission, vehicles, there. Are various types of trademarks, one, particular type of trademarks, is called certification. Marks such, as the Energy, Star which, can also be used when certain conditions, are met. When. You register your trademark in Canada, you have the sole right to use it in association. With your products and services, protection. Is valid for up to 10 years and renewable, every 10 years you. Don't have to register your trademark, by, using it for a certain length of time you, may have the rights on the common law however. If. A trademark, is key to your business brand, and identity it, makes, sense to register, it which gives formal, protection, and the sole right to use the trademark in association. With your products and services in, Canada. Canada. Recently joined the Madrid system, which, means that you can apply for trade my protection in more than a hundred countries by, filing one single, international, application, in one language with, the World Intellectual, Property Organization. If. You're thinking about registering, a trademark search. In our databases to make sure the name isn't taken first also. Make sure you know under, what kinds of goods and services you want to register your trademark, when. Applying for trade map protection, you may either file on your own or, hire a registered, professional a, trademark, agent, suppose, website, offers, a list of registered trademark. Agents, in Canada. The. Next form of IP will look at the day is the patent this is a legal right granted, by a government, for rights to an invention that must meet three requirements these, are one, its new a first, in the world 2.

It's, Useful it solves. Some problem, in a practical, way and three. It's not obvious, in other, words something. That, is not apparent to a person, with ordinary, skills, in the field of the innovation. You. Can patent products, processes, machines. And chemical, compositions, as well. As significant, improvements, to an existing, patent provided. That it meets the three requirements. After. A process, of examination, by SIBO a Canadian. Patent may be granted with the duration of up to 20 years from the day the application is filed the. Patent allows the holder to exclude, others from making using selling. Import. Or export of. Their invention in the country or region where the patent is granted if. The, examination, finds that the invention, is not new useful. And not obvious, it. Would most likely be rejected. Part. Of the application process requires, the person applying to fully disclose, the invention, including, how to make it and how it operates, this. Information, is made public eighteen months after a patent application is filed so, if you, have an invention that involves, an important, element that is currently secret, you'll, want to carefully consider, your options for, protecting it either through, a patent, or by, keeping it a trade secret an, invention. Should not been disclosed to the public before, an application is filed or, it, will be considered in the public domain or what we call prior, art, there. Is an exception, to this rule in Canada, and some other countries including United, States the. Inventor, may file an application up, to 12 months after they first disclosed. The invention, without losing, the rights in these countries. There. Are many ways to apply for a patent protection, in other countries, you. Can apply either directly. To the patent office in your target country or, file, an international, application through. The patent, cooperation treaty, PCT. Regardless. Of how you apply, it is, the receiving, country that will examine an issuer application. Based on local laws and regulations. Next. We'll look at copyright, protection, copyright. Protects, original. Creative, works that are literary dramatic. Musical. Or artistic in nature such. As a book play. Music. Composition, or sculpture, other. Examples. Of works that are protected, on the Canadian, copyright, law include, motion, picture films, paintings. Drawings. Photographs. Web. Content, and communication. Signals. Software. Is also, subject, to copyright as literary, work. Some. Data could also be copyrighted, for example, oil sands, data carbon. Capture data energy. Or title data. Copyright. Gives the owner exclusive. Rights to reproduce, the work it protects, it. Also covers, the right to publish, translate. And to perform it. Copyright. Protection, is automatic. Unlike, industrial. Designs and patterns which, you must apply for copyright.

Exists, Automatically, from the time your creation, takes a form but. You can if you wish obtain, a formal, registration, with Zeebo if you, want an official, certificate of, ownership this. Only costs fifty dollars online and it's easy to do yourself. So if the day comes that you go to court over a copyright, matter and you, have a certificate, of registration the. Onus of proof would be on your opponent. Copyright. In Canada, generally lasts, for the life of the creator plus 50 years. Unlike. Other forms of IP, copyright. Is generally, recognized, globally, through the Berne Convention for. Example. If you, created, the content, and images for your website in, Canada, most, countries, recognize those, rights different. Jurisdictions. Recognize copyright. For different durations of time. Perhaps. The most underutilized. Of all IP rights is industrial. Design but. This is changing, worldwide, the, use of industrial designs has doubled, since 2005. In. The u.s. industrial. Designs are called design, patents. Industrial. Designs are the novel, decorative. Non-functional, part of a mass-produced finished. Product, they. Can refer to the shape the, pattern, or the decoration, of the product the, whole idea of an industrial, design is that, it must be original, and appealed, to the eye it. Could also include software. Elements, such, as display. Screens, and an, original graphical. User interface. A. Registration. Grants, the exclusive, rights for up to 15, years meaning, you, can defend your design, against. Infringement for up to 15 years to maintain, the exclusive rights for its complete duration a maintenance. Fee must be paid, like. With patents, designs should be kept secret until, the registration, process begins. Although, Canada does permit disclosures, up to a year before an application is filed. Just. Like patents, industrial. Design rights are national, and you would have to seek registration. In all of the countries, in which are planning, to do business you. Can. Now use the international, route of the hague system, through. This system, applicants. Can apply for industrial. Design protection, in multiple, countries through. One application. And pay, fees in one currency, through, a single, transaction, with the World Intellectual, Property Organization. A trade. Secret is something that is confidential, and has value, to your business as an, intangible asset. Such, as business, information, that can be valuable if, kept, secret, it, could, be data algorithms. Know-how. For chemical, process, or manufacturing. As. Mentioned. Before a patent. Requires full disclosure, of the, invention in, order to get exclusive, rights to it a trade. Secret is of course the opposite, you, must keep it totally, secret to maintain the maximum value, there. Is a risk to be aware of though if someone. Independently. Invents, or replicates, your secret, you'll, lose the competitive, advantage. There. Is no application or. Registration, process, for a trade secret which means that there are no formal, rights so, you'll want to guard it closely. An. Invention. That is kept secret, may ultimately be, disclosed. If the owner decides. To apply for a patent, or other form of IP protection. This. Is a decision, to be taken carefully, weighing, in the cost and benefits. It's. A good idea to protect your trade secrets by recording. Their existence, track. The names of the people who have access to them restrict. Your distribution of trade secrets true, confidentiality. Agreements, keep. The information locked, and encrypted. First. Let's, define what we, mean by an intellectual. Property IP strategy, an, IP. Strategy, is a document, where you describe, the plans and actions you will take to maximize, the value of IP to, achieve business, objectives. In. Short, an IP, strategy is simply a plan, outlining. How you will use IP, assets to reach your business goals, this. Is the stur treaty document similar, to your marketing, strategy, HR, strategy, finance. Strategy, and so, on. As the. Next short segment, will show recent. Statistics, indicate, that many, companies even.

Those That hold IP don't. Have an IP strategy. It's, an underutilized, tool. Between. 30 to 60 percent of, Canadian small to medium enterprises, know what IP is however. Only. A small part of Canadian companies, actually use IP, often. Less than 10 percent. Intellectual. Property can be valuable so, having a plan and budget for how to use it is important. But. When the investigative. Companies have a plan for their IP we. See that, only 9 percent of companies that innovate have, an IP strategy, if. You're ready to develop your own IP strategy visit. Www.ceosalesseminar.com. Business. Now. We, will explain the six steps to develop an IP strategy. Here's. An overview of the steps which we'll go through in more detail, I'll. Also give you examples, on tools related, to IP for clean technologies. First. You take an inventory of the existing IP assets you have this, is what we called an internal, IP audit, the. Second step is called an external IP audit, this, is when you take a look at the companies and stakeholders, your industries made of identifying. Their IP that, may affect your business, third. You analyze, this landscape, along with your own IP audit findings, to identify, gaps and opportunities. For. Example, you, may find that you need to secure more IP rights in licensed. IP from others divest. From some IP and so on. Then. You proceed to create your plan the, goals and actions, in the plan depend, on the type of IP strategy that you've decided to rely on you. Will learn more about IP strategy types. The. Fifth step is to implement your IP strategy for. This you, will need some basic policies, or frameworks, to effectively. Manage your IP strategy. For. Example the. IP strategy, should be communicated. To the relevant people within your business so that they can support your actions. Finally. The development, of your IP strategy is not a task that you complete once as, market. And technologies, change so, do your business goals and so you will need to continuously, reassess, and realign, your IP assets with your new goals. So. By going through these steps a company. Would have a good sense of what they need to do with their IP to support their business, now. We will go into more detail, for, each of the above steps. An. IP audit, is when you take stock of your IP if you're, feeling unsure of what IP you possibly, may have go. To our website, and download our intellectual. Property checklist. This. List, gives examples, of IP such, as names of goods and services packaging. Websites, and explains, what category, of IP they may fall under and, how, these can be formally, protected as IP rights an. IP. Audit, is an important, exercise often, carried, out by a team that has legal. Competitive. And technology, skills related, to your business, here. Are some of the questions the team will need to answer about your IP, who. Owns the IP, confirm. The ownership of your IP assets and that, you have contracts. To avoid IP related, issues, if. You're receiving funds to for example do research and development, it's also important, that you understand, if your sponsors, can make legal claims to the results, of these executive. Ities are. There, any restrictions. Similarly. If you are partnering, with other people, of companies. Know. If these partners, can claim or already have rights to your IP assets. What. Are the geographical. Markets at this. Time it's also useful to consider, the locations, where you might do business such, as conferences. Sales. Manufacturing. Assembly. And so on. Finally. Think. About your core business and what makes you unique why. Do customers choose, your product or service how, are you different to your competition, most. Importantly, is the, IP protecting. These key differentiators. Next. You'll proceed with an external, IP audit, to identify, key IP in your industry, this. Is sometimes called landscaping. Look. For IP information, on, your competitors, websites, press, releases articles. Scientific. Publications. And of course, databases. Of existing, IP rights such. As trademarks. Patents, and industrial. Design databases. Often. Much of this information is available to the public online, for free, getting. An idea of others, IP will help you understand, your own IP, position, maybe. Someone, has already registered the trademark you, were planning to use for your next big idea. When. You know about other its IP you, can avoid spending, time and money trying, to protect your creation only to realize it can't be protected you can. Also avoid lawsuits, if, you're, infringing on someone, else's IP. Look. At the age of your competitors, IP is it new or a bite to expire.

You. Should also identify IP. Of your suppliers, your, distributors, and even, your clients, for. Example does. Your manufacturer. Or, distributor have. A trademark similar. To yours in what countries, how. Do clients, use your IP, IP. Landscaping. Can, give you an indication of, future development, since, filing, a patent is often done early, in the development, this. Means that you can look in databases, to, learn about innovations. Long before, they enter the marketplace. Searching. And analyzing IP, can be complex, so it may be very wise to seek, the help of an IP agent, or other experienced. Professional. A sipper. Webpage has, a search, tool to help you find qualified, help with this task. Let's, look at some of the sample sources, for doing an external, IP audit, in the clean tech industry. By. Searching in databases you're. Likely to find similar, in even competing, technologies, to yours. However. Patent, data doesn't give you a clear indication, of the commercial, status of the invention, the. Idea may be at a very early stage dropped, by the inventor or, it may be available for licensing the. External, IP audit, may mean that you find something that you need to, strengthen your own IP position. University. Websites are good little places to look for technologies, available for licensing. Another. Source is wipe or green this. Is a one-stop, shop for clean technologies, at all stages of development that, are available for licensed collaboration. Joint, venture and sale it's. An interactive, online marketplace. That. Promotes innovation and, the diffusion of green technologies. This. Network facilitates commercial. Relationships, and transactions, by connecting, green technology, providers, and seekers, for, a wide range of technologies, and players in the green tech innovation. Value chain. Technology. Providers, seekers, and partners, can join WIPO green and there, is no registration, fee so. Wait. Does. This mean that these, technologies are available free, of charge no if. You're. A technology, provider wiper green is like a free, marketing, tool all, technology. Is on WIPO green remain, the property of the right holders, and it's. Up to the right holder, and the, collaborating, parties to structure, agreements, in the manner they feel is most appropriate. And effective a. Bit. Closer to home we have explore IP Canada's. Public, sector patent, ecosystem, as I. Mentioned before many, universities. Have web pages where, available technologies. Are listed along with short descriptions, about the technology, on. Explore. IP you, will find over 3,000. Inventions, from both universities. And additional. Public sector institutions such. As the national research council natural. Resources, Canada national. Defense and more. Zeebo, and other public, institutions sometimes. Publish, IP landscape. Reports, for. Clean tech the. Reports, patented. Inventions, in climate, change mitigation technologies. As, well. As the patent landscape, report, for shale oil and gas can. Help you identify some, of the main players and, technologies, and inventors. In these, industries. Look. Online for other publications. From, other IP offices, researchers. And so on as. I. Mentioned, before the. External, IP audit, can help you understand, the top trends, draw, patent insights, to rely on for. Example in Canada patent. Analysis, in 2016. Indicated. That over three-quarters of, clean tech patents focus, on advanced. Materials, energy. Efficiency. Energy, storage. Biofuels. And biochemicals. Fuel. Cells and hydrogen and, transportation. If. You are in these sectors you will note that there, are more patents, and thus less freedom to operate and, maybe, more trade secrets. It's. Important, to note that multinationals. Are the top patent, holders, in Canada. This. Suggests an, IP, strategy, may include a review of multinationals. In a, business, competitive. Environment. In, addition, to having multinational. Companies, in our domestic IP scenery, consider. Where Canadian, inventors, may go, these. Graphs of the top three filing, destinations, provide, a window into Canadian, IP filing. Activity, abroad in. 2017. Canada's. Top three filing, destinations. Remain, the US the, European Patent, Office EPO. And China. 81%. Of Canadian, patent, applications. Abroad were made in these countries. Patent. Filing abroad has been the driver of growth in global filings, by Canadians, since 2006. The. United, States remained the main partner, for most Canadian, businesses. Trademark. Applications, abroad by Canadians, have grown by, 66%. Since. 2008.

Since. Then, Canadian. Trademark, applications, to China has, increased by over, 260. Percent, we. See faster, growth in applications, to countries, outside North, America. Highlighting. The decision, of Canadian, business to expand, their international, markets. Canadian. Filed over. 1,400. Industrial, design applications, abroad in, 2017. International. Filings, abroad by Canadians, are up by 19 percent since, 2008. Let's. Look at the IP landscape. Of clean tech inventions, in US, and China. These. Bar charts show. The relative share of US clean, tech patents, for, certain technologies, during. 2011. To 2016. Transportation. Advanced. Green materials, and energy. Efficiency. Technologies had, almost 20%, share, almost. Two-thirds, of all clean tech patents, during this period a, look. At the annual change in the decade leading up to 2011. We. See that the share of almost, all of these, technologies, increased, each year, in. More recent years however we, can see from the rightmost bar, chart. That the annual increase has, reduced, for many technologies. The. Exceptions, include. Geothermal. Nuclear. Energy, storage. Conventional. Fuel applications. And bioenergy, where, the IP activity. Is increasing, an. IP. Audit. Does, not only include IP. IP. Data, is also, often reflective. Of supporting, factors, in the innovation, system such, as federal investment. And policy. Direction, for example. Solar, trends, were up in the past due, to large government, investments. Globally, but. This is slowing, somewhat, now that investments, or subsidies, may be slowing or, changing. Where. They are coming from such. As a shifting, government, investments, from Europe to China in, the past decade, and IP. Trends, will mirror this. As. We saw earlier China. Is one of the top filing, destinations. For Canadian, patents, trademarks and, industrial, designs. Businesses. Should consider, that the global trend of patent filings in the clean tech space is driven by Chinese companies. Over. The last 15, years over. 40 percent of inventions, relating. To climate capture. And mitigation technologies, were owned by China and are, growing at a much faster rate than, the rest of the world, the. Line chart shows, patent, activity for carbon, capture mitigation. Technologies in, this. Chart we see that recently. Over. 85%. Of patents, are in China, for. Canadian, businesses, this, suggests that if your IP strategy, includes, expansion. Such, as production assembly, or sales in China you. May face additional IP, risks, not seen in other countries and that this topic should be analyzed. So. As we, have just seen if you're expanding your clean tech globally, you may need to use different strategies in. Canada. Some sectors have more IP and others and many, IP rights are held by foreign companies in. China. The, patent landscape, is crowded, and driven, by exceptional, growth by local companies. In. The u.s. in addition to increased, patent activities, in some sectors you. May learn which non multinationals. Have the majority IP ownership. These. Are just some simple examples, of the kind of sources and insights, you will uncover as you explore the IP, landscape, around you. IP. Landscape. Are often, complex, as they focus on not only a snapshot of the industry, leaders but. Also innovation. Dynamics, such. As whose licensing. From who where. Are the inventors, and how, are they paid, they. Also look at trends, and may capture some possible. Future, scenarios that. May impact, your business. Another, important. Area identified, as a gap in the clean tech industry, is the lack of standards. Having. Standardized. Ways of testing things and a common language and measure to gauge performance, can have an immense impact on new, industries. There. Are several ways to leverage from, standards, if they, exist, in your industry you. Can make sure your invention, complies with the standards and illustrate, this with a relevant certification.

Mark If, standards. Are missing you. Can reach out to the standards, Council of Canada to, learn more about how, standards, can be created. There. Are examples, where businesses, have contributed, to new standards, just to be able to illustrate, and distinguish, their products, performance, in some. Industries, market. Leaders have also managed, to include, their patents, in standards. Making, them standard. Essential, patents as, you. Analyze the IP landscape, around you make. Sure you're aware of any existing, and potential, standards. And how, these may impact, your business. The. Next step is to use your analysis, to define gaps and opportunities in how you will use IP, to, achieve your business goals in, this. Step you analyze, and determine if you have sufficient IP protection. To meet your business goals or, if you need to acquire additional, rights. It. May be useful to take help from the team that helped you with the internal audit to analyze if you can develop, a IP internally, or if you should get help by someone else. Define. The gaps that prevent you from achieving your business objectives, and for. Each gap formulate. Actions, maybe. There is a suitable technology, available for licensing, or maybe. You have identified, a possible partnership to co-develop more, complete solution, to reach a bigger market. In many cases your action will depend, on available, funds in. Canada, the following organizations, may be able to assist you to, identify and secure funding for your innovation, the. Clean tech growth hub helps companies, and researchers, pursuing, clean technology, projects, identify. The federal, programs, and navigate, the federal funding, landscape. Participating. Federal governments, and agencies in the clean tech hub, include, the. Business Development Bank. Of Canada BDC, they. Help high-potential. Clean tech firms expand, by providing them the capital, they need to hire new staff develop. Products, support, sales and scale, up and compete, globally.

Sustainable. Development, technologies, Canada, s DTC. Funds. Project, that support, Canadian, small, to medium enterprises, advancing. Innovative, technologies, that are pre commercial, and have, the potential to demonstrate, significant. And quantifiable. Environmental. And economic, benefits. Export. Development Canada. EDC. Helps. Canadian, export, ready companies, by providing financial solutions. Risk, projection and market, knowledge and access, to global contacts. To get the, technology, into new markets. Ww. Innovation. Canada. CA is also. A useful portal. To identify, possible funding, sources for, your innovation. Step. 4 in developing, your IP strategy is mostly, about making, decisions on how you will bridge the gap and approach the opportunities, you discovered, earlier, your. Approach will depend on what type of strategy, you take for. Example. Some. Companies have a business goal to reach market, leadership they, file for and, enforce, their IP rights to block competitor, growth, other. Companies, take a more defensive, approach and carefully. Analyze the IP landscape, to make sure that they minimize, the risk of infringing, on anyone else's IP rights. For. Companies, not intending, to undertake their own manufacturing in sales IP. Is an effective, tool to expand. Business through licensing to. For. Example, a company, could make sure the invention, is protected, in all key markets, and then use different, and duster, designs or trademarks, for licence and invention for different applications. Finally. IP can be a valuable, tool to increase the valuation, of a business entity. Solid. IP rights are often important, factors, to investors, when they do risk analysis, of mergers, acquisitions and. Funding, projects, IP. Can also be an important, tool to raise capital as. You. Think about the tactics, in your IP strategy, take, note of what kind of strategy, your competitors, have the. Kind of strategy, you have is also. An important, consideration, for how you manage, public, relations. One. Of the actions in your IP strategy, may be to file for more patents so, here I'd like to remind you of the expedited.

Process, That SEPA has for applications, relating to clean tech this. Service is intended to assist in reducing the time it takes for patent clean tech inventions, enabling, businesses to bring them to market more rapidly as I. Was mentioning risk, and getting funding earlier it, could also be worth considering the expedited, process to get a faster, decision on whether or not your invention, is useful, novel. And non-obvious. This. Means that you have a space to play in the. Expedited, process also offers a free gateway, to, failing fast, so. That if you can't patent, your invention, you will know this fast, and be able to steer your efforts, into new areas quickly. To. Take advantage, of an expedited, examination. Submit. A written, request and declaration, as indicated. On the screen. You. Have now reached the step when your IP strategy will come into action it is, time to implement the strategy. While. The strategy, is built on inform decision making an important, part of implementing, a strategy will depend on internal, routines, frameworks. Rules, and policies, for example. If. You have a strategy to keep some processes, and data as trade secrets. Employees, will need to know what these are and how to deal with them you. May also need to assure that agreements. For licensing. And sharing IP information are, in place and that they reflect the strategy, you have in mind for, example. You. May have decided to extend the protection, of your trademarks, in to other countries, and that licensing, agreements, live reflect, the scope and limitations on how that trademark, can be used, you. May also need to make sure that confidentiality, agreement. And the sharing of IP information are aligned. Finally. You should consider the form of enforcement strategies, you will require. Enforcement. Of IP rights is the responsibility, of the IP holder, not, the IP office. How. Will you monitor, at the market and competition, if. You detect infringement, do, you know what to do. As. You. Have seen an IP strategy, is, a multi-faceted. Plan, requiring, business. Technology. Market. And legal, expertise, these. Considerations. And many more are available, on our website where, you can build your own IP strategy.

Guide Based, on where your business is at and what. You're trying to do go. To. WWE. And. HEA, slash. IP, for, business, and look. For the, IP strategy, assessment. In the IP Academy. Section. The. Last step in developing, an IP strategy, is really, about commitment. Many. Businesses, have an invention they, apply for a patent, with an idea on where to file and then head, back to business as usual, this. Is what some IP strategists. Referred to as file, and forget and can. Result in irreversible, trajectory. Of your business. These. Days the rate of invention, and technology, adoption are changing, fast so. Your IP strategy, will need constant, fine-tuning. It's. A living plan reflecting. How you will, protect and use your ideas to, adapt to the changing, IP landscape, around. Make. Sure you always have an IP strategy, that is relevant to your business goals. In. This, section I will highlight, some of the specific, IP considerations. Based, on the typical actions, taken, as a, product, or service is discovered, developed. And finally. Reaches, a market, as. R&D. Is often done in collaborative, environment, we, are assuming, that there are several parties, involved, in these activities as, a. General guideline we, are referring to something called technology, readiness, levels. This. Is a common, way to estimate, and, explain, how, close, an idea is to reach a market, the. Idea starts, off at level, one in, which, surrounding. Principles, for something are observed, a. Concept. Is then developed, to, and, illustrated. At level, three the. Concept, is then validated. In the lab for. In a. Simulated, environment, five. Before, it is demonstrated, six. During. The final, stages the. Prototype, is demonstrated. In an operational. Environment, seven. Tested. Qualified, or certified, eight, before. It can finally, do be deployed in the, real world nine. In. The. Early stages it's important, that inventors, and sponsors, have established an IP culture, people. Should be informed, and aware of IP ownership, strategies. And plants. Define. Background, IP at the start, before. Signing any collaboration. Agreement, and alike parties, should identify and, define what IP they already own and how, this background IP will be shared during, and after, the collaboration. Manage. Disclosures. All. Parties. Involved in the collaboration, should be aware of what they can disclose, to, each other and to, external, parties, for. Example a. Academic, researchers, are contributing, there, may be time, or other limitations, on how information. Discoveries. Etc, can, be published, or shared with others. Agree. On ownership, of potential, new IP. Just. Like it's important, to define existing, background IP a collaboration. Should also be clear on who, will own any potential, arising, IP will. It be shared who. Can commercialize, it what. If there is an accidental, discovery, unrelated. Technology, but still valuable who. Can file, licence, and so, on. Define. The novel, unique. Aspects. Of imagine. As soon. As concepts, are proved to work. This. Is important, information for the next phases as. An. Invention is validated, and can be demonstrated, use, the novel aspects, of the invention, to conduct the various searches such as patentability, freedom. To operate. Trademark. Register. Ability searches, especially. Before investing, more resources. Filed. For IP rights remember. IP, is, territorial. Ensure. That your plan includes IP protection, in potential, foreign markets. Also. Secure rights to use dependent IP, using. Other dimensions, even in a research setting can be risky especially. If your demonstration, for further funding depend, on these related IP rights. Make. Sure you have secured the rights to use the related IP through, licensing or other contracts. Finally. As your, project, is getting closer to the market, you're probably consider, manufacturing, sourcing. Of components, services, and other parts in order to sell your invention, this. Is why you need to include your partners in your IP strategy in many. Cases the prototype, can be improved or changed a, little so it can be smaller lighter or, easier, to manufacture, so. Watch. For improvements. Or follow-on, IP, think. About these improvements, as new IP so, make sure you. Already have defined, rules, for the use and ownership, of background, IP, foreground. IP future. Improvements. Etc, in for instance joint-venture. Rd, or, outsourcing. Of manufacturing. Finally. Consider, strengthening. Your IP position, through multiple forms of IP for. Example, you, may protect the design, additional.

Trademarks. Training. Manuals, software. Or other companion, products, to your solution. Also. Don't, forget the enforcement. Continue. To monitor your existing, IP rights, as your. Application is published be. Aware of copycats. Pay. Special attention to, those citing, your invention, in publications. Or patent. Applications. The. Canadian, Intellectual Property Office, has, free resources, that can help you take the most advantage of, your intellectual property to. Learn more about IP strategy go. To, WWE. And, see a slash IP for business select. IP Academy. And then plan your IP strategy, here. You can generate a tailor guide with information, on what to consider when developing your, IP strategy. Under. Our education. Tools and resources we, also have a fact sheet about clean technologies, and IP here. You'll find more information about. Why / green and the, expedited. Patents, application, process. The. IP toolkit, also contains, guidelines, on hiring an IP professional. The, intellectual. Property inventory, checklist and our country, guidelines, for doing IP business, abroad. Thank. You for tuning in to our webinar, about clean tech and intellectual, property, contact. Us if you're looking for more information on how you can use intellectual, property in your business.

2020-04-29 23:09

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