Protecting Engineering Inventions

Intellectual Property(IP)

what one creates, invents or develops as result of one’s intellectual activity

How to obtain value from IP

• Licenses/royalties

• Assignment/sale

• Equity/start-up company

• Contracts/consulting work

• Trade secrets

Patents

give inventors exclusive rights to their inventions for up to 20 years, which can give them competitive advantage in market

Novelty

a patent requirement that an invention must not have been publicly disclosed before filing, subject to limited grace periods.

Non-obviousness

a patent requirement that an invention would not have been obvious to an unimaginative skilled technician at the time of filing.

Trade Secret

confidential business information that provides a competitive advantage and is protected by secrecy rather than registration.

Industrial Design

protection for a product's visual features, such as shape, pattern, or ornamentation, that appeal to consumers.

Trademark

a way of protecting corporate or brand identity, including names, logos, slogans, colours, sounds, and packaging.

Copyright

the exclusive legal right to copy, reproduce, publish, or perform original creative works; ownership arises automatically upon creation.

Harbutts

exemptions do not apply if very root of contract is impacted

Photo Production

reasonable intention at time of contract matters

Hunter Engineering

exclusions, if worded properly, should be upheld

Tercon/Tercon test

• Does exclusion apply to breach?

• Was it unconscionable?

• If valid, is there an issue of overriding public policy?