What is intellectual property?

The Industry Partnerships & Commercialization office manages SickKids’ intellectual property (IP) to facilitate the commercialization of new technologies. Together with SickKids Innovators, we pursue legal protection for inventions with the highest potential for positive impact on both the organization and society at large.

IP refers to creations of the mind that are legally protected from unauthorized use by others. This protection enables individuals to commercialize their IP and profit from their discoveries, encouraging further investment in innovation. Thus, IP plays a crucial role in fostering creativity, innovation, and economic growth.

Intellectual Property Quick Guide

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

Types of Intellectual Property

  • Grants exclusive rights to inventors for their new and useful inventions
  • Prevents others from making, using, or selling the invention without permission
  • 20 year protection

  • Protects original works of authorship, such as literature, photography, music, and art
  • Grants exclusive rights to reproduce, publish, or display original works
  • Lifetime protection + 70 years thereafter

  • Protects symbols, names, logos, and slogans used to identify brands, products, and services
  • Prevents others from using a brand’s likeness without permission
  • 10 year protection

  • Protects the aesthetic design of products
  • Prevents others from making, selling, or distributing items with the same or similar design
  • 15 year protection

Patenting Process

A patent is a form of intellectual property that grants the patent holder exclusive rights to an invention for a limited period, typically 20 years from the filing date of the patent application. This exclusivity means that others cannot make, use, sell, or distribute the patented invention without the patent holder’s permission.

IP&C manages all SickKids IP disclosures and implements tailored legal strategies to ensure their protection. If an innovation meets patentability criteria, our team guides SickKids Innovators through the patenting process, handling deadlines and filing applications with the appropriate offices.

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.

Timeline and Costs

Patent protection typically follows one of two paths: the Patent Cooperation Treaty (PCT) route or a non-PCT route. The patenting process, including timelines and costs, is outlined below. Please contact our office for more information on how we can help protect your invention.

US Provisional Patent

  • Preliminary filing based on early-stage claims
  • Locks in a priority filing date of a patent, with year to build on claims and assess market potential
  • Does not count as public disclosure

Patent Cooperation Treaty (PCT)

  • Useful if seeking protection in multiple countries simultaneously
  • Allows for the filing of one PCT application in one office
  • Patents are still granted at a national level

International Search Report

  • Published approximately six months after filing a PCT
  • International Searching Authority provides applicants with insight into existing art and their potential impacts on patentability
  • Helps proactively deal with potential issues before national phase

National Phase

  • 30 months after the priority date, at the end of the PCT phase
  • Start to pursue granted patents in specific countries or regions – need to fulfill requirements of each individual jurisdiction
  • The ISR can ease the time it takes to approve granted patents

Office Actions

  • A document from the patent examiner summarizing the allowability of the patent claims
  • If rejected, examiner will provide relevant prior art references
  • Applicants may contest rejected claims by:
    • Arguing how certain claims are not found in the referenced prior art; and/or
    • Amending claims to include features not in the referenced prior art.
  • Sufficient response to office actions will result in a granted or rejected patent for that jurisdiction

IP Maintenance

  • Maintenance of IP fees and renewals in accordance with appropriate jurisdictions

Note that IP laws vary by country. Information provided on this page is specific to Canada and intended as a guide. For legal advice, please consult the Legal Services Department – SickKids Research Institute.