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Team:British Columbia/Human Practices/FAQ
From 2012.igem.org
Contents |
iGEM Guide to Intellectual Property
Introduction
The iGEM competition is heavily dependent on the development of new ideas and use of already patented ones. For this reason, the 2012 UBC team has decided to create a cohesive resource to answer questions pertinent to the iGEM community. We hope that this FAQ page will serve as a good starting point for people trying to understand intellectual property laws and will guide you in determining what direction is right for your project. The content of this page has been tailored to address issues most relevant to iGEM, which were determined after surveying multiple teams.
The main focus of this FAQ page will be on patents, as they are the most common type of intellectual property that iGEM teams deal with. We have tried to present the information in a country-neutral manner, but keep in mind that patent laws vary from region to region. The content here are often generalizations that will give you an idea of how intellectual property works.
What is intellectual property?
What is intellectual property?
Intellectual property (IP), according to the Canadian Intellectual Property Office, are "legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields" [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00011.html [1]]. This can come in the forms such as patents, copyrights, trademarks, and trade secrets.
What are copyrights?
Copyrights give creators of original, dramatic, artistic, musical, and literary works exclusive rights to use them [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html?OpenDocument [2]]. These are applicable to computer programs.
What are patents?
Patents are the "right[s], granted by government, to exclude others from making, using, or selling your invention" [http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00001.html [3]]. To qualify for a patent, the idea must fufill certain criteria:
- Utility: The invention must do what you claim it to do
- Novelty: The idea must be unique and not previously mentioned in any literature
- Non-obviousness: The invention must not be of something that can easily be thought up by non-experts
- Material Patentability: The subject matter must be considered patentable by the government issuing the patent
Acknowledgements
This guide is a product of the cooperation between the 2012 UBC iGEM team and ....
