Intellectual Property at SickKids

The Industry Partnerships & Commercialization (IP&C) office manages SickKids’ intellectual property (IP) to enable the translation of high-potential discoveries into real-world solutions. In collaboration with SickKids innovators, IP&C develops and executes protection strategies that position these technologies for further development, partnership, and commercialization.

Under the SickKids Intellectual Property (IP) Policy, SickKids owns all IP generated through work conducted at the institution or using its resources, with the exception of scholarly copyright works.

Intellectual Property Quick Guide

This information is available in our downloadable, two-page intellectual property guide!

What is Intellectual Property?

Intellectual property (IP) refers to creations of the mind that can be legally protected, including knowledge, discoveries, and original ideas. These protections are critical to advancing innovation, as they support investment, enable commercialization, and ensure that those who contribute to developing new technologies can realize their value.

SickKids IP is generally categorized as Research Works or Institutional Works:

Research Works

Research Works refer to new, original, and inventive ideas or discoveries, along with the knowledge, data, and rights that arise from them. This includes things like inventions, methods, know-how, and any associated IP protections such as patents or copyrights.

Research Works are the intellectual outputs of research and innovation.

Institutional Works

Institutional Works refer to materials and outputs created as part of one’s role or responsibilities at SickKids, often under institutional direction. These include tangible work products such as reports, databases, software, tools, processes, and clinical or research resources.

Institutional Works are the practical outputs generated through day-to-day work at the Hospital.

Intellectual Property Protections

Formal IP protections provide legally enforceable rights over innovations in exchange for their public disclosure. These protections are a critical enabler of commercialization, supporting continued development, attracting partners and investment, and preserving the value of the innovation.

A range of protection mechanisms exist, each suited to different types of IP:

Protects new inventions or processes, including how they work and how they are used. Grants exclusive rights to make, use, and commercialize the invention in exchange for public disclosure.

Duration: Up to 20 years from the filing date

Examples: Novel therapeutic or drug formulation, medical device (e.g., implant or diagnostic tool)

Protects the visual appearance of a product, including its shape, configuration, or pattern (not its function). (Referred to as a design patent in the U.S.)

Duration: 10-25 years, depending on jurisdiction

Examples: Unique interface layout of a medical device display, distinctive shape of a wearable health monitor, visual design of a diagnostic tool

Protects original creative works, including written, digital, and educational materials. Grants rights to reproduce, distribute, and adapt the work. 

Duration: Life of the author + 50-70 years, depending on jurisdiction

Examples: Clinical training modules, software code for a health application, educational materials

Protects names, logos, symbols, and other identifiers that distinguish a product, service, or organization. Supports brand recognition and prevents confusingly similar uses.

Duration: 10 years, renewable as long as the mark remains in use

Examples: Name of a clinical software platform, logo for a digital health tool, branded name of a diagnostic service or program

Refers to proprietary expertise, methods, or technical knowledge developed through experience. Not formally registered; protected through confidentiality and controlled sharing.

Examples: Optimized lab protocol or experimental technique, data processing workflow for clinical datasets, best practices for scaling a diagnostic platform

Refers to confidential information that derives its value from not being publicly known. Requires strict protection measures to maintain secrecy.

Examples: Proprietary algorithm parameters (if not disclosed), confidential dataset curation methods, internal manufacturing or calibration processes

Patenting Process

Securing a patent is a complex, multi-year process that demands expertise, coordination, and sustained investment. IP&C partners with inventors throughout this journey, shaping IP strategy and guiding the scientific, legal, and administrative steps required to achieve strong, defensible protection.

For a patent to be filed, innovations need to meet specific patentability criteria:

Novelty

Must be original and unknown to the public (no public disclosures). Note that public disclosure of an invention can include published academic papers and presentations.

Non-Obviousness

Must be sufficiently inventive. Cannot be a logical or incremental improvement of existing technologies. Must not be obvious to someone of ordinary skill in the relevant field.

Utility

Must demonstrate credible and specific utility.

Costs & Timeline

Patent laws vary by jurisdiction, requiring tailored strategies for international protection. Global treaties and agreements help streamline this process by enabling coordinated filings across multiple countries. The Patent Cooperation Treaty (PCT) allows inventors to submit a single international application, which can later proceed to national phase filings in member jurisdictions.

At SickKids, the PCT is typically used as the primary pathway for securing international patent protection, offering flexibility and extended timelines to assess commercial potential. In certain cases, direct national filings may be pursued when aligned with specific market or partnering considerations.

PCT Process

Priority Date

~$5K – $20K

File a Nation-Specific Provisional Patent Application to any PCT member country – locks in PCT Application Filing Date, does not count as public disclosure.

Filing Date

~$5K – $20K

File a single PCT Application 12 months after Priority Date.

Publication Date

~$300 – $2.5K

International Search Report published, details prior art and patentability published 6 months after Filing Date.

National Phase

~$5K – $30K

Adapt PCT Application into Nation-Specific Patent Applications for PCT member countries to fulfill individual jurisdictional requirements.

Nation-Specific Process

Priority Date

~$5K – $20K

File a Nation-Specific Provisional Patent Application to country of choice – locks in Nation-Specific Patent Application Filing Date, does not count as public disclosure.

Filing Date

~$5K – $20K

File a Nation-Specific Patent Application to country of choice 12 months after Priority Date.

National Phase

~$50 – $30K

Initiated on Filing Date of Nation-Specific Patent Application.

Publication Date

~$300 – $2.5K

Details of Nation-Specific Patent Application to country of choice published 6 months after Filing Date.