FREQUENTLY ASKED QUESTIONS

IP Ownership

  • An idea is a thought or theoretical plan, something that may be valuable or useful once created but has not yet been materialized.

    An invention is a new solution to a technical problem, typically a process or physical device, which can be protected through patents.

  • Nova Scotia Health employees are all persons employed by Nova Scotia Health, including, but not limited to full and part-time staff.

  • Engaging in technology transfer and commercialization can be advantageous as the process protects intellectual property, promotes economic development, transforms inventions and scientific outcomes into new products and services that benefit society. Technology Transfer and Commercialization also support and encourages innovation, research, and development, and works to help accomplish goals that neither party could achieve on their own through the sharing of resources.

  • Intellectual Property, including Patents, Trademarks, and Copyright are governed by the Canada Intellectual Property Office. Legislation includes the Copyright Act, Trademarks Act and Patent Act. For more information, please visit the Canadian Intellectual Property Office Webpage.

IP Disclosure

  • No, the IP Rights are owned by the Nova Scotia Health Authority, unless there are any current or pre-existing agreements that impact the IP ownership.

  • Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.

  • Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.

  • Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.

  • Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.

  • •If you are an employee of Nova Scotia Health and created the IP pursuant to and in the course of your employment

    •If you are commissioned by Nova Scotia Health to provide services or deliver work; or

    •If the IP Rights are acquired by Nova Scotia Health through a written assignment or by a bequest in a will

  • IP created in this form of collaboration may require alternative processes and agreements about disclosure, ownership, and revenue sharing. Please contact us with any questions you may have regarding collaborations.

Patents

  • Nova Scotia Health will evaluate the disclosed IP for technical and commercial potential within 30 days of receiving a completed and signed disclosure form. The evaluation may consider the following:

    • Perceived public benefit

    • Commercial potential

    • Scientific merit

    • Patentability

    • Need or possibility of further work or information

    • Ownership of the IP, and

    • Nova Scotia Health’s interest in the IP

  • Public disclosure includes any non-confidential conveying of information relevant to your invention, this includes presentations, abstracts, posters, online publications or any other form of disclosure that is accessible to the public.

  • An invention disclosure form is a confidential document that contains important information relating to your invention, such as the names of the inventor(s), the title of the invention, a detailed description of the invention, resources used to create the invention, and more. Invention disclosure occurs at the beginning of the patenting process. To access the NSHA Invention Disclosure Form, click here.

  • You should disclose an invention to Nova Scotia Health when you believe you have discovered or created an invention that has potential commercial or social value. An Invention Disclosure Form should be filed as soon as the invention is clearly conceptualized, supported by data or some other form of validation. An Invention Disclosure Form should be filled out before you publish or present your invention.

  • Nova Scotia Health will not publicly disclose any information relating to an Invention without prior permission from the IP Creator unless disclosure is to someone bound by the Nova Scotia Health Intellectual Property Policy or legal counsel for the purpose of seeking legal advice.

  • If you are the IP Creator and have submitted an Invention Disclosure Form, you should withhold publication and refrain from making any public presentations on any material relating to the IP until NSH has had a reasonable opportunity to assess the IP.

  • Nova Scotia Health Team Members are expected to fully disclose and provide copies of all Research Material to other Team Members as appropriate and necessary for the conduct of the Research.

Things to know

  • For an invention to be patentable there are three legal requirements

    1) The invention must be novel (new and not have been made public before the application date)

    2) The invention must be non-obvious (it must be inventive and not obvious to someone of average skill who works in the same field of the invention)

    3) The invention must have utility (it must be useful, meaning it is functional and operative)

  • There are numerous factors that go into the price of a patent. Generally, obtaining a patent can cost between $10,000 to $25,000 and after obtaining a patent there are annual fees for keeping the patent active.

  • The time it takes to receive a patent varies and can depend on factors such as the backlog of the patent agencies, the response periods of the applicants, and the comprehension of the technology by the examiners. Typically, receiving a patent can range from 3 to 4 years and in Canada, it takes an average of 31 months to get a patent from the first date of filing.

  • To be considered patentable, your invention must be one of the following:

    1) A product

    2) A composition

    3) A machine

    4) A process

    5) An improvement on any of these