Intellectual Property (IP) refers to creations of the mind that are legally protected.
The primary types of IP include
Patents
Patents protect new inventions or discoveries, granting the patent holder exclusive rights to use, make, and sell the invention for a specified period. Inventions must be novel, non-obvious, and useful. They can include processes, machines, compositions of matter, and improvements of these. Typically, patents last 20 years from the filing date.
Trademarks
Trademarks protect symbols, names, and slogans used to identify goods or services. A trademark must be distinctive and capable of distinguishing the goods or services of one entity from another. Trademarks can last indefinitely, provided they are actively used and renewed periodically.
Copyright
Copyrights protect original works of authorship, such as literary, artistic, and musical works, as well as software and architectural designs. Copyright protects the expression of ideas, not the ideas themselves. It grants rights to reproduce, distribute, perform, and display the work. Generally, copyright lasts for the life of the author plus 50 years (or 70 years in some jurisdictions).
Trade Secrets
Trade secrets protect confidential business information that provides a competitive edge. Information must be kept secret and have commercial value. Trade secret protection lasts as long as the information remains confidential. Common examples include formulas, practices, designs, and processes.
Industrial Designs
Industrial designs protect the visual appearance of a product, including its shape, pattern, or color. The design must be original and not purely functional. In Canada, protection lasts for up to 15 years.
In some cases, an invention may possess multiple types of intellectual property (IP), such as a patent for the core technology, a trademark for branding, and a copyright for software or documentation. Navigating these overlapping IP rights can be complex, but BrockLINC is here to help and provide guidance to our researchers and students.
If you believe that you have created or discovered something unique with potential commercial or societal value – contact us! We strongly recommend to contact us prior to publicly disclosing your invention in a presentation, abstract, poster, research proposal, student thesis or other public presentation.
Afterwards, the typical next step is to fill out the Invention Disclosure Form.