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Intellectual Property Institute of Canada

Submission — Intellectual Property Institute of Canada

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Submitter(s): Fuhrer, Janet

Summary: As with all business decisions, a company will invest in R&D if there is a possibility of return on that investment. To obtain such a return, the company must commercialize the result of its R&D. To encourage companies to invest in business R&D and commercialize new products, a robust intellectual property (IP) system is required. Hence the Patent Act: innovators are provided with the incentive to share knowledge of their innovations with the public, thus stimulating more R&D, in return for an exclusive, time-limited right to reap the benefit of those innovations. However, for Canada's patent system to be most effective as an incentive for business R&D, its use must be encouraged and it must be internationally competitive. The members of IPIC have a unique perspective on Canada's IP regime and how it compares to those of other countries around the world. Therefore, to promote business R&D and promote commercial R&D arrangements in Canada, IPIC recommends that the Government of Canada enhance the scope of the SR&ED program to include patenting costs as eligible expenses, consistently apply the law regarding patentable subject matter to reduce uncertainty that can affect R&D investment decisions, provide protection for confidential communications between clients and their patent and trade-mark agents, and amend IP legislation and/or regulations to prevent inadvertent loss of patents and other IP rights in cases of exceptional circumstances.

Full submission: PDF Version