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INTELLECTUAL PROPERTY PROTECTION

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INTELLECTUAL PROPERTY PROTECTION Powered By Docstoc
					INTELLECTUAL PROPERTY PROTECTION
              By Ted Bosse

           Ogilvie and Company
          Barristers and Solicitors
          1400 Metropolitan Place
           10303 Jasper Avenue
                  T5J 3N2
               403-421-1818
                          INTELLECTUAL PROPERTY PROTECTION


PTAC is dedicated to facilitate the disclosure of proprietary information in an effort to create
project alliances to conduct research and development on technology for the conventional oil
and gas energy sector.

PTAC recognizes that if these sought after alliances are to come into existence it will be neces-
sary for innovators to seek out prospective co-venturers for their project. That means a certain
degree of disclosure will be required by the innovator to entice interested parties to become
involved in the project. Without that disclosure no progress will be realized.

PTAC recognizes that it is essential that inventors protect their intellectual property assets in
much the same way as they protect other valuable assets.

PTAC believes that an inventor can obtain a level of protection for their intellectual property with
some basic understandings of how intellectual property protection works. What follows is not
intended to replace the need to obtain legal assistance in exploiting an invention but to assist the
reader in understanding how to effectively instruct legal counsel, when to involve legal counsel,
what to ask for during the stages of development and finally in helping to assess the capabilities
of their prospective intellectual property counsel.

PTAC recognizes that to be successful industry participants we will need to access the services
of a legal advisor who is both well versed in intellectual property law and experienced in the legal
issues involved in the creation of business alliances. For a detailed discussion on the issues
dealing with alliance law see Guidelines for the Procurement of Legal Services and the Prac-
tice of Law In the establishment of a Business Alliance.

For more information relating to patent prosecution see Patent Seminar.

For assistance in the various stages in the agreements to create a particular project among
industry participants the following chart will assist the reader in accessing the appropriate legal
services at the appropriate time.
                                    IP PROTECTION CHART
Many of our readers are experienced in the art of disclosure without disclosing. There are many
sophisticated approaches which have been described relating to specific technology in specific
sectors. Rather than attempt to describe those numerous approaches, we attempt to assist by
setting forth a very simple guideline as follows:

DISCLOSE WHAT THE INVENTION CAN DO NOT HOW IT DOES IT.

ALWAYS CHECK AFTER YOU HAVE DESCRIBED WHAT YOU BELIEVE THE INVENTION
CAN DO TO DETERMINE IF YOU HAVE INADVERTENTLY DESCRIBED HOW THE INVEN-
TION DOES IT.

For a more in depth discussion see Confidential Information and Trade Secrets.

To access a standard form of confidentiality agreement for use with prospective alliance partici-
pants see Confidential Disclosure Agreement.