In 2018, the Government of Canada launched a national Intellectual Property (IP) strategy intended to help Canadian businesses and innovators learn about and gain access to IP protection. The national IP strategy created various platforms that enable IP-focused conversations for many Canadian small and medium-sized enterprises (SMEs), which often overlook IP protection. This is a significant step in prioritizing the growth and protection of Canadian IP.

The national IP strategy sets out to address: (1) awareness, education, and advice, (2) strategic tools for growth, and (3) legislation changes to clarify practices associated with IP rights.

As part of the IP awareness campaign, the Canadian Intellectual Property Office (CIPO) generated significant online resources that include practical tools and materials to support innovators. The national IP strategy also granted funding for IP-focused legal clinics within Canadian law schools to offer access to basic IP advice.

Several new programs were also developed to offer funding to support Canadian SMEs and innovators in developing and implementing an IP strategy. These include:

  • IP Assist Program, which is a tiered program targeting SMEs who qualify for support from the Industrial Research Assistance Program (IRAP). This program offers these SMEs access to direct IP education, planning, and action. The funding available for each of the planning stage and the action stage can range from $18,000+. Although the funds from the IP Assist Program are not intended to cover IP filing and prosecution fees, this program has removed barriers to IP protection for many Canadian SMEs, and encourages IP-focused discussions to take place. Program participants are also able to select their preferred IP practitioners if they are already connected with one, or alternatively, they are assigned one by the program administrator.
  • Elevate IP is a 4-year program set to begin later in 2023 to help accelerators and incubators provide start-ups with the tools for understanding and strategically managing their IP. The federal funding is allocated to specific incubators across Canada.

Another new initiative is ExploreIP, which is a marketplace through which public sector institutions can offer licensing opportunities with respect to their IP. Commercialization of IP requires specialized experience and is often difficult for SMEs to access. ExploreIP offers institutions more commercialization opportunities by making the available IP more accessible. This not only helps foster and grow collaboration with public sector institutions, but also encourages public sector institutions to prioritize growth of their IP portfolio.

Provincially, there has been a similar push for IP awareness and growth. For example, IP Ontario (IPON) offers support to Ontario-based companies, including subsidizing costs relating to IP protection and commercialization services for up to $25,000. The IPON funding can be used for limited IP filings. Initial applications for this program were opened to priority technology sectors: medical, automotive and artificial intelligence. Participants of IPON can choose to work with their preferred IP practitioner or select from a pre-screened roster of IP practitioners. IP is typically a federal concern and so, it is reassuring that IP is a priority even at the provincial level.

The increasing number of government programs is a positive movement towards growing, retaining, and commercializing Canadian IP. It is important for Canadian businesses to be aware of these opportunities and to maximize the value that these programs can add to their business.

Originally published by Legal Industry Reviews.

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