Exploitation of Research Results and Technology Transfer

Granted by government agencies, a patent protects inventions (product, composition, machine, process, improvement) and grants its holder the right to prevent anyone from making, using or selling said inventions for a maximum period of 20 years from the date on which the patent application was filed.

An invention can be patented if it is: 

• new — the first in the world;  
• inventive or not obvious— showing ingenuity and not obvious to someone of average skill who works in the field of your invention; 
• useful — functional and operable.

A trademark is unique and corresponds to a combination of letters, words, sounds or designs that distinguishes one company’s goods or services from those of others in the marketplace. It is important because a trademark comes to stand not only for a company’s goods and services, but also for its reputation and image. For example, registering a trademark in Canada gives a company exclusive rights to use it throughout Canada for 10 years (with possibility of renewal).

An industrial design relates to the visual features of shape, configuration, pattern or ornament or any combination of these features. To be eligible for registration, it must be original and not bear any striking resemblance to another design.

Registration of an industrial design in Canada protects it for a maximum of 10 years. This protection covers the appearance of the product, not what it is made of, how it is made or how it works.

Copyright is the exclusive right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work. In addition, copyright protects computer programs, icons, software interfaces and other types of works such as performances, sound recordings and communication signals.

Copyright is recognized by Canadian law the moment the original work is created; its registration with the Copyright Office is therefore not required. In Canada, copyright is valid for the entire lifetime of the author and 50 years after their death. The work subsequently belongs to the public domain.

A trade secret is business information that has commercial value because of its secret nature. No federal law exists in Canada on trade secrets, nor is there any other equivalent law. Instead, legislation concerning trade secrets is based on common law or civil law in Quebec.

Unlike some other types of intellectual property, there is no official process for protecting a trade secret. Protection of a trade secret requires at least the following conditions: 1) the information has a commercial value; 2) the information is secret; and 3) the company has taken reasonable measures to ensure that the information remains secret.

La Stratégie québécoise de recherche et d’investissement en innovation 2022-2027 (Quebec strategy for innovation research and investment.

The Canadian Intellectual Property Office (CIPO) provides access to databases, documents, legal principles, forms and services related to patents. It also possible to access the list of registered patent agents.

The United States Trademark and Patent Office, whose databases are also available for searching.

The World Intellectual Property Organization, which takes care of PCT (Patent Cooperation Treaty) applications.

The European Patent Office, which allows users to search patents in Europe.

The website of the Université de Montréal’s Bureau Recherche-Développement-Valorisation (BRDV) contains, among other things, a database on the different grants available, the University’s policies, and general information on exploiting research results.

The Guide sur le droit d’auteur des Bibliothèques UdeM (Université de Montréal Libraries copyright guide), which offers copyright-related services.