Jim Hinton, Mac Mok, Jared Sues
Whether you are a start up or scaling company, there are now many resources available to assist in securing IP. We provide a survey of available resources and their focus below as both a quick guide to SMEs seeking assistance and to highlight existing and upcoming IP resources available to secure IP rights.
In 2016, innovation policy expert Warren Clarke and I, Jim Hinton, suggested that Canada should have a national Intellectual Property strategy.[1] Since then, Canadian and provincial governments have launched strategies, created programs, and resources to support Canadian companies protect and commercialize IP.
IP and data are the most important assets for modern businesses. IP is the legal ownership of ideas, products, services, know-how and innovation, with familiar forms including patents, trademarks, and copyright; while data assets drive significant value for companies in today’s digital economy.
Table 1. Overview of available funding towards securing IP.
| Program | Available Assistance | Entities Served | IP focus | Contact |
| NRC IRAP | $10-20k for IP related activities | Canadian SMEs | IP strategy | 1-877-994-4727 |
| https://nrc.canada.ca/en/support-technology-innovation | ||||
| CanExport | $50-250k | Globally Focused Companies | International Fillings (Patent and Trademarks) | CanExportSMEs@international.gc.ca CanExportInnovation@international.gc.ca CanExportAssociations@international.gc.ca |
| https://www.tradecommissioner.gc.ca/funding-financement/canexport/index.aspx?lang=eng | ||||
| IAC | $15k (full members), $5-20k quarterly based on competition | Data Driven Clean Technology Companies | IP Related Activities | Lori DeGraw Lori@ipcollective.ca info@ipcollective.ca |
| https://www.ipcollective.ca/ | ||||
| IP Ontario | Directed Grants, Education, Mentorship | Postsecondary Researchers and Companies | Protection, Commercialization, and Education | information.met@ontario.ca |
| https://www.ontario.ca/page/intellectual-property-ontario#section-2 | ||||
| MITACS | $5k-75k | Canadian Organizations and Academic Institutions | IP Related Activities | bd@mitacs.ca |
| https://www.mitacs.ca/en/programs/business-strategy-internship/program-details | ||||
| CIPO | IP Advisors | SMEs, Entrepreneurs, Postsecondary Institutions, Government Stakeholders | Early Stage Advisory | Alexis Black alexis.black@canada.ca Dumitru Olariu dumitru.olariu@canada.ca |
| https://www.ic.gc.ca/eic/siTe/cipointernet-internetopic.nsf/eng/wr04014.html | ||||
| Elevate IP | Funding for IP Strategic Support | Business Accelerators and Incubators | IP Awareness, Strategy, and Strategy Implementation | 1-800-328-6189 ic.icspnpelevateip-icspepeleverpi.ic@ised-isde.gc.ca |
| https://ised-isde.canada.ca/site/elevateip/en | ||||
| IP law clinics: Osgoode, Western | Pro bono Initial IP Services | Early-Stage Companies | Education and Protection Eligibility | ipinnovationclinic@osgoode.yorku.ca |
| wipilc@uwo.ca | ||||
| https://www.iposgoode.ca/innovation-clinic/about/ https://law.uwo.ca/legal_clinics/wipilc/index.html | ||||
CIPO
The Canadian Intellectual Property Office (CIPO) offers IP advisors for small and medium-sized enterprises (SMEs), entrepreneurs, intermediaries in the innovation system, post-secondary institutions, and government stakeholders.[2] IP advisors help concerned parties understand the value of their IP and develop an IP strategy for their business.[3]
Innovation Asset Collective (IAC)
Innovation Asset Collective (IAC) provides IP resources in the form of education, funding, and market intelligence (in the form of Patent Landscape Reports).[4] To access its resources, organizations can become members of the IAC, with memberships being either associate (free) or full (a $15,000 annual fee).[5] IAC Grants have multiple submission rounds throughout the year, with pools being $200K per round for full members (individual awards ranging from $5,000 to $20,000) and pools being $100,000 per round for associate members (individual wards range from $5,000 to $10,000).[6] For full members, the IAC offers an additional IP portfolio for defensive use.[7]
Intellectual Property Legal Clinics Program
The Intellectual Property Legal Clinics Program is intended to establish or enhance IP legal clinics within Canadian law schools.[8] IP legal clinics provide free or low-cost access to basic IP advisory services while training law students to become future IP experts. The Osgoode IP Innovation Clinic, in partnership with supervising law firms including Own Innovation, provide patent, prior art and trademark searches, review of agreements and basic issues in business transactions involving IP, as well as other IP related tasks.[9]
NRC IRAP
National Research Council of Canada Industrial Research Assistance Program (NRC IRAP) is a national funding program providing advice, connections, and funding to help Canadian SMEs increase their innovation capacity and take ideas to market.[10] The program provides financial support for IP related activities ($10,000-20,000+), access to industrial technology advisors with technical and business expertise, and an extensive network of regional, national, and international partners.[11] An eligible company must be an incorporated, profit-oriented SME, with 500 or fewer full-time employees and must plan to pursue growth and profit by developing and commercializing innovative products, services, or processes in Canada.[12]
CanExport
CanExport is a national funding program for both for-profit and NFP organizations targeting international markets.[13] Funding is available through multiple streams. CanExport Innovation provides up to $75,000 (covering up to 75% of eligible costs) for activities including applications for IP protection in international markets and seeking expert legal and business advice etc.[14] Eligible applicants may be for-profit companies with fewer than 500 full-time equivalent employees, academic institutions, or non-government research centres.[15] They must also be registered in Canada and have a Canada Revenue Agency (CRA) business number, have developed a prototype and own, co-own or have decision-making authority over IP rights of their technology.[16] The technology must also be intended for launch within 5 years.[17]
For profit organizations can also apply for CanExport SMEs which provides up to $50,000 in funding (covering up to 50% of costs) for eligible activities.[18] These include gathering market intelligence, translating, adapting or creating marketing materials etc. for international markets.[19] The organization must also be an SME with fewer than 500 full-time equivalent employees, be an incorporated legal entity, a limited liability partnership or cooperative and have $100,000 to $100 million in declared revenue during the past fiscal year.[20]
Intellectual Property Ontario (IPON)
Intellectual Property Ontario (IPON) is a newly created provincial agency that aims to help innovators, businesses and researchers at various stages of their intellectual property (IP) journey. IPON provides its clients access to expert IP advice, supports, and resources to better understand how to maximize the value of IP, strengthen business capacity to grow, compete in the global market, and enhance research and commercialization outcomes. IPON support comes in the form of financial support for the protection and commercialization of IP, micro-credentialing, IP mentorship, and on-demand IP education to qualified applicants.[21]
MITACS
MITACS is a national funding agency that offers a multitude of programs to partner organizations and academic institutions.[22] To be eligible, the partner organization can be a for-profit or a deemed eligible not-for-profit (NFP) organization. The Business Strategy Internship provides $5,000-$7,500 (must be matched by the partner organization) over 4 months to hire students for innovation related projects, including the creation and ownership of IP.[23] The student is placed within the partner organization, thus providing an important internal perspective on IP matters to the organization.
Elevate IP
ElevateIP is a Government of Canada program with the goal of helping Business Accelerators and Incubators (BAIs) provide support to Canadian Start-ups in protecting, managing, and leveraging their IP.[24] The program provides funding (100% of eligible costs) to NFP organizations and BAIs to develop IP educational activities, IP strategy for Start-ups, and assist Start-ups in implementing IP strategies by providing IP landscape analysis and funding to secure IP protection.[25] Recipients must be able to deliver ElevateIP programs and services to Start-ups in both official languages (English or French).[26] Start-ups that receive ElevateIP funding to implement their IP strategy, however, are required to co-invest a minimum of 10-35% of eligible costs and cannot receive more than $100,000 in funding.[27]
[1] James Hinton and Warren Clarke, “Why Canada should adopt a national IP strategy” (23 July 2016), online: The Globe and Mail <www.theglobeandmail.com/report-on-business/rob-commentary/why-canada-should-adopt-a-national-ip-strategy/article31082828/>.
[2] Government of Canada, “Intellectual Property Advisors” (last modified 6 July 2021), online: Government of Canada <www.ic.gc.ca/eic/siTe/cipointernet-internetopic.nsf/eng/wr04014.html>.
[3] Supra note 20.
[4] IAC, “IAC is revolutionizing the IP ecosystem, helping Canadian companies leverage IP Strategy to compete and scale” (accessed 16 August 2022), online: IAC <www.ipcollective.ca/>.
[5] IAC, “IAC PROGRAM IP FUNDING” (accessed 18 August 2022), online: IAC <www.ipcollective.ca/our-programs-ip-patent-generation/>.
[6]Supra note 14.
[7] IAC, “IAC PROGRAM IAC IP Portfolio” (accessed 18 August 2022), online: IAC <www.ipcollective.ca/iac-ip-portfolio/>.
[8] Government of Canada, “Intellectual Property Legal Clinics Program” (last modified 10 August 2022), online: Government of Canada <www.ic.gc.ca/eic/site/108.nsf/eng/h_00008.html>.
[9] IP Osgoode, “IP Innovation Clinic” (accessed 18 August 2022), online: IP Osgoode <www.iposgoode.ca/innovation-clinic/about/>.
[10] Government of Canada, “Support for technology innovation” (last modified 19 January 2022), online: Government of Canada <nrc.canada.ca/en/support-technology-innovation>.
[11] Supra note 2.
[12] Government of Canada, “Financial support for technology innovation through NRC IRAP” (last modified 19 March 2019), online: Government of Canada <nrc.canada.ca/en/support-technology-innovation/financial-support-technology-innovation-through-nrc-irap>.
[13] Government of Canada, “CanExport” (last modified 11 July 2022), online: CanExport <www.tradecommissioner.gc.ca/funding-financement/canexport/index.aspx?lang=eng>.
[14]Government of Canada, “CanExport for innovators” (last modified 4 May 2022), online: CanExport <www.tradecommissioner.gc.ca/funding-financement/canexport/innovation/index.aspx?lang=eng>.
[15] Government of Canada, “CanExport Innovation – Applicant’s guide” (last modified 6 May 2022), online: Government of Canada <www.tradecommissioner.gc.ca/funding-financement/canexport/innovation/applicant-guide-requerant.aspx?lang=eng#a4>.
[16] Supra note 7.
[17] Supra note 7.
[18] Government of Canada, “CanExport SMEs” (last modified 10 January 2022), online: CanExport <www.tradecommissioner.gc.ca/funding-financement/canexport/sme-pme/index.aspx?lang=eng>.
[19] Supra note 10.
[20] Government of Canada, “CanExport SMEs – Applicant’s guide” (last modified 27 July 2022), online: Government of Canada <www.tradecommissioner.gc.ca/funding-financement/canexport/sme-pme/applicant-guide-requerant.aspx?lang=eng#SMES-2>.
[21] Intellectual Property Ontario, “IPON: Program Guide” (last modified 3 March 2022), online: Intellectual Property Ontario < https://www.ip-ontario.ca/s/IPON-Program-Guide_EN.pdf>.
[22] Mitacs, “Programs” (accessed 16 August 2022), online: Mitacs <www.mitacs.ca/en/programs>.
[23] Mitacs, “Program details” (accessed 17 August 2022), online: Mitacs <www.mitacs.ca/en/programs/business-strategy-internship/program-details>.
[24] Government of Canada, “Program Guide: ElevateIP” (last modified 26 April 2022), online: Government of Canada <ised-isde.canada.ca/site/elevateip/en/node/3>.
[25] Supra note 22.
[26] Supra note 22.
[27] Supra note 22.