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Researchers & Clinicians

If you’re involved in any research project that may produce results with potential use to health care, industry, or the public at large, you should be thinking about technology commercialization. PHSA’s Technology Development Office can help you.

The PHSA Technology Development Office (TDO) is located at the BC Cancer Agency. TDO's management of intellectual property (IP) ensures that innovations arising from research are identified, evaluated, protected and leveraged into working solutions that benefit both patients and PHSA. TDO provides contract review and negotiation on behalf of PHSA, ensuring that the appropriate policies and guidelines are addressed.

Who we serve

All PHSA staff

TDO is available to provide strategic advice to any PHSA researcher, clinician or technologist regarding their work and its potential for technology development. We can help you decide if and when your IP should be protected, offer ideas about potential opportunities, and provide guidance for developing your innovation in the most productive way.

BC Cancer Agency researchers

A large proportion of technology development at PHSA is generated by research discoveries made at the BC Cancer Agency. The University of British Columbia (UBC) and Simon Fraser University (SFU) have agreements with BC Cancer Agency that allow BC Cancer Agency researchers with UBC or SFU affiliations to work directly with TDO for IP and commercialization.

If you're a BC Cancer Agency researcher, please contact TDO when:

  • You make a novel discovery and you need to submit an Invention Disclosure Form
  • You initiate or are contacted by industry, outside institutions, government and other non-profit groups to discuss possible research collaborations
  • You wish to transfer or receive research materials from other institutions or from industry and you need a Material Transfer Agreement (complete questionnaire for sending or receiving)
  • Your funded project involves multiple institutions and you require inter-institutional funding transfers and sub-grant agreements

IP created at BC Cancer Agency must be disclosed to TDO. TDO will work with the researcher to meet patent policy and contractual requirements of disclosure, keeping in mind underlying university affiliations.  See BC Cancer Agency's Patent Policy for more information.

Non-university researchers

TDO provides IP and commercialization services and support to all researchers, clinicians and technologists who work at a PHSA agency but are not affiliated with a university.

Services

TDO provides a range of technology development services:

TDO works on behalf of researchers and PHSA to draft, negotiate and execute agreements with external institutions and commercial entities. Note that individual scientists and PHSA personnel are not usually authorized to sign agreements with external parties and, in so doing, may expose themselves to legal liabilities.


Please contact us for preparation and negotiation of the following agreements and contracts:

Also known as a Confidentiality Agreement, a Non-Disclosure Agreement (NDA) is a contract requiring the recipient of confidential information to hold that information confidential. In the event of public disclosure, the recipient could be sued for breach of contract. An NDA should be signed before confidential information is released.


NDAs can involve the exchange of confidential information from/to both parties (two-way) or one-way.

 

A Material Transfer Agreement (MTA) is a written contract between a provider and a recipient of research material. They can be between academic, government, and commercial organizations. MTAs:

  • Establish terms for the use of research materials
  • Monitor users and deter unauthorized transfer of materials to third parties
  • Regulate ownership of further IP generated from the use of the material
  • Warn about the use of material and have users assume liabilities for their use of the material

If you require an MTA, your first step is to download and complete TDO's Material Transfer Agreement Questionnaire to Receive or Material Transfer Agreement Questionnaire to Send. This information will help us prepare appropriate documentation for you.  If you have received an MTA from another entity, please forward it to TDO for review.

 

Some projects funded by government granting agencies involve multiple institutions. To facilitate this, TDO provides inter-institutional funding transfers and sub-grant agreements. To get started, please complete a Subaward/Subcontract Request and submit it to TDO

 

Under Service Contracts, researchers perform specific, often routine tasks, to test, evaluate or analyze materials supplied by the sponsor, but do not generally provide any analysis of the data generated by performing these tasks.

 

Collaborative Research Agreements (CRA) - CRAs provide for the conduct of directed, collaborative, or joint research of mutual interest to the researcher and the company with shared rights and access to the results. There is an expectation that there may be new or incremental IP developed within the project.

 

TDO acts as a networking and information resource to assist researchers seeking industry expertise for specific projects. We help bring together parties with mutual interests for collaborative efforts and will aid in identifying sources of private and government funding.

TDO assists researchers in evaluating new technologies for commercial feasibility and potential.

TDO maintains a comprehensive listing of all BC Cancer Agency intellectual property. TDO staff assist BC Cancer Agency researchers (and non-university researchers at PHSA) in protecting the IP rights through active patent, copyright and trademark registration programs.

‎In addition to maintaining a list of all available BC Cancer Agency technologies, TDO markets this portfolio to industry for licensing, collaborative research endeavours and joint development.

TDO promotes the creation of knowledge-based ventures by highlighting opportunities for commercial development. It helps align researchers with management personnel and investors. 

TDO assists researchers in evaluating new technologies for commercial feasibility and potential.


Reporting an Invention

If your research results in the development of a novel technology or product, you will need to submit an Invention Disclosure Form to TDO (contact Patrick Rebstein or Ron Lauener). You must disclose before you sell, license, or otherwise assign your invention.

Reporting an invention helps both the inventor and TDO better characterize the invention and determine its potential field of use/utility. Disclosure requires the technology or product to be clearly described in terms of its function, stage of development, hindrances to further development, advantages/disadvantages compared to other similar products, etc. In addition, this disclosure serves as an assignment of rights from you to the BC Cancer Agency as described in BC Cancer Agency Patent Policy.

Your disclosure will be reviewed by TDO. TDO will evaluate and may recommend:

  • The invention should not be pursued further and does not require IP protection or commercialization
  • The invention should undergo further scientific or clinical development before commercialization can begin
  • The invention is ready for IP protection and commercialization to begin

Submission instructions

  1. Contact TDO for an Invention Disclosure Form.
  2. Submit the signed hard copy, plus an electronic copy, to Ron Lauener, Technology Manager, or Patrick Rebstein, Senior Manager, Intellectual Property.

FAQ

MTAs are agreements that allow researchers to either receive or transfer research materials critical to carrying on their research. MTAs outline the conditions, terms, limitations on the use of the material and what happens to any discoveries (intellectual property) that are made using that research material. MTAs address liability and indemnification issues, patent rights, rights to publish and controls over using the materials in other research. Data Transfer (or Data Access or Sharing) agreements govern the transfer of data from one institution to another. It is imperative that these are reviewed by TDO to ensure that identifiable data is protected and the transfer complies with applicable privacy legislation.


TDO negotiates and signs MTAs and DTAs on behalf of BC Cancer Agency.  For more information please contact us.

 

A Non-Disclosure Agreement (NDA) is a contract between two (or more) parties requiring the recipient of confidential information to hold that information confidential for an agreed period of time. In the event of public disclosure, the recipient could be sued for breach of contract.  An NDA can either be one-way, where one party discloses confidential information to the other, or two-way, where both parties discuss their confidential information. TDO negotiates and signs NDAs on behalf of BC Cancer Agency.  For more information please contact contact us.

 

The ideal time to report an invention to TDO is as soon as you believe you have made a patentable invention and before you have presented it publicly or published. If you report an invention after it has been published or publicly presented, some or all of the patent rights may have been lost. Reporting to TDO well before publication allows for the proper assessment of the technology, development of an appropriate invention management and marketing plan and the ability for interested companies to evaluate the licensing opportunity. To discuss your invention, please contact us.

 

If you are an inventor on a licensed invention that was disclosed to TDO, you are entitled to a share of the royalty revenue under BCCA's Patent Policy. BC Cancer Agency shares royalties with inventors and their university (depending on the underlying affiliation agreement).  Granting Agencies may also be entitled to partial repayment of grant funding that produced the invention. As part of a license agreement, TDO will recoup commercialization expenses (i.e., patenting, licensing expenses) that have been spent to protect the invention prior to releasing any royalty disbursements. Royalty payments to inventors are subject to applicable Canada Revenue deductions.

 

TDO is available to discuss your plans to start a company. In order to commercialize the technology that you developed while a PHSA employee, your company will need to license that technology from PHSA. This may create a potential conflict of interest for you. TDO will determine the appropriate licensing strategy for this technology which may or may not include licensing to your start-up. TDO has an obligation to seek the best means to commercialize the invention for the benefit of the public. Please contact us to discuss.

 

 

SOURCE: Researchers & Clinicians ( )
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