Frequently Asked Questions

A patentable invention must be:

1. Useful: It should have a practical application.
2. Novel: It must be new and not previously disclosed.
3. Non-obvious: It should not be an evident improvement to someone skilled in the field.

Patentable inventions include devices, machines, compositions of matter (e.g., chemicals, mixtures, alloys), processes, or new uses or improvements of existing inventions. Upon submitting an Invention Disclosure Form to ISS, a patentability assessment will be conducted.

Public disclosure (e.g., abstracts, papers, theses, seminars) before filing a patent application can jeopardize patent rights. It's advisable to disclose your invention to ISS well in advance—ideally 90 days or more—of any public disclosure to allow for thorough patent application preparation and commercialization strategy development. 

Maintain detailed records of your research, including lab notebooks with dates and witnessed entries. Use Non-Disclosure Agreements (NDAs) when sharing proprietary information and Materials Transfer Agreements (MTAs) when sending proprietary materials to third parties. For student theses involving inventions, coordinate with ISS and the Faculty of Graduate and Postdoctoral Studies to manage confidentiality during defenses and presentations.

An inventor is someone who contributes to the conception of the invention or its inventive steps. Co-authorship on publications does not automatically equate to inventorship. Accurate determination of inventorship is crucial, as incorrect listings can invalidate a patent. 

If ISS opts not to pursue a patent within six months of receiving a formal Invention Disclosure Form, inventors may request the return of IP rights for the disclosed invention. This policy may not apply to informal disclosures. ISS might also recommend commercialization strategies that don't involve immediate patent filing.

Patenting decisions are based on factors like:

• Patentability and enforceability of the invention.
• Market potential and size.
• Scope and breadth of potential patent coverage.
• Competitive landscape and the invention's advantages over existing solutions.

Given the costs associated with obtaining and maintaining patents, resources are allocated to the most promising opportunities.

uOttawa offers an inventor-friendly royalty distribution policy. After recovering patenting and direct marketing expenses, net revenues are shared between uOttawa and the inventors. Specific distribution percentages are outlined in the uOttawa's policies and the APUO Collective Agreement.

Up to $100,000:

• 80% to the inventor(s)
• 20% to uOttawa

Over $100,000:

• 50% to the inventor(s)
• 50% to uOttawa

If an affiliated hospital is a co-owner of the invention, some adjustment of the revenue sharing may be required in order to conform with both university and hospital policies. 

ISS evaluates the potential of an invention as the basis for a start-up and provides support in business plan development, securing investment, and recruiting management. Inventors may also choose to commercialize independently, with ISS available for consultation.

ISS facilitates collaborative research agreements, connecting researchers with industry partners. Services include drafting agreements, identifying funding opportunities, and ensuring compliance with uOttawa policies and external regulations.

ISS connects students with funding programs that support involvement in research projects, promoting experiential learning and contributing to the development of future innovators.