On this page, you can find FAQs on the following topics:
General Information
What is the difference between an idea and an invention?
- 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.
Am I a Nova Scotia Health employee?
Nova Scotia Health employees are all persons employed by Nova Scotia Health, including, but not limited to full and part-time staff.
What are the benefits of engaging in technology transfer and commercialization?
Engaging in technology transfer and commercialization can be advantageous as the process protects intellectual property, promotes economic development, and 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.
How is Intellectual Property governed in Canada?
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 Ownership
I am an Employee of Nova Scotia Health; do I own the Intellectual Property I created as part of my work?
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.
I am a Learner (includes Student) at Nova Scotia Health; do I own the Intellectual Property I created?
Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.
I am a Physician at Nova Scotia Health; do I own the Intellectual Property I created?
Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.
I am an Affiliate Scientist at Nova Scotia Health; do I own the Intellectual Property I created?
Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.
I am a Volunteer at Nova Scotia Health; do I own the Intellectual Property I created?
Yes, the IP rights are Creator-Owned, subject to any contract between the IP Creator and Nova Scotia Health or another party.
When does Nova Scotia Health own the rights to the IP I created?
- 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
What happens if the IP was created as part of a collaboration between Nova Scotia Health and another party?
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.
IP Disclosure
What does Nova Scotia Health do with my disclosed IP Invention?
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
What is Public Disclosure?
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.
What is an Invention Disclosure Form?
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.
Will Nova Scotia Health publicly disclose my 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.
As the IP Creator can I publicly disclose my invention?
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.
Do I need to disclose research material?
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.
Patents
I invented something, can it be patented?
For an invention to be patentable there are three legal requirements
- The invention must be novel (new and not have been made public before the application date)
- 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)
- The invention must have utility (it must be useful, meaning it is functional and operative)
How much does a patent cost?
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.
How long does it take to get a patent?
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.
What can be protected by a patent?
To be considered patentable, your invention must be one of the following:
- A product
- A composition
- A machine
- A process
- An improvement on any of these
