Flintbox Technologies: January

Flintbox Technologies is a snapshot of some of the most recent out-licensing and in-licensing opportunities available on our site.

Out-Licensing Opportunities

Cux Transcription Factor as a Diagnostic and Prognostic Tool

McGill University – January 6, 2009

Short isoforms of the Cux transcriptions factors have been demonstrated to be overexpressed in breast cancer tissue and could serve as diagnostic and prognostic indicators for breast cancers and other malignancies.

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Compounds Used In The Treatment of Mitochondrial Diseases

SickKids The Hospital For Sick Children – January 02, 2009

The inventors have discovered four compounds, which can effectively raise the level of enzyme complexes of the mitochondrial respiratory chain in tissue culture cells.

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Auxiliary Drive Device

University of Manitoba – December 12, 2008

Typically, vehicles that are able to tow heavy loads such as trailers or recreational vehicles have large engines, such as trucks or sport utility vehicles (SUVs). When the load is removed, less engine power is needed for regular transportation, and large engines will tend to operate less efficiently, resulting in poorer fuel mileage and more pollution. In order to overcome this, there has been a great deal of investment into more fuel efficient engines and hybrid vehicles, but these are still very costly solutions for today’s drivers.

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Sequence-Specific Hydrogen-Bonded Duplexes

WORLDiscoveries – December 15, 2008

A supramolecular chemistry based on modification of existing polymers with telechelic end units, functional end groups capable of selective reaction to form hydrogen bonds with other molecules.

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Muscle Growth and Repair Therapeutic Agent

University of Manitoba – December 10, 2008

Skeletal muscle growth and repair is achieved by the activation and proliferation of skeletal muscle precursor cells. These cells must be activated from the normal quiescent state to begin the process of making new muscle.

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In-Licensing Opportunities

Seagate Technology Search

Consulate General of Canada, Minneapolis – December 18, 2008

Seagate Technology’s Worldwide Recording Head Operation, in partnership with the Consulate General of Canada, Minneapolis, is seeking innovative Canadian technologies, processes and co-development opportunities that can contribute to the next generation of Seagate’s storage products.

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Avery Dennison Licensing Opportunity

Consulate General of Canada, Los Angeles – December 2, 2008

The Office & Consumer Products Division of Avery Dennison Corp., a Fortune 500 company headquartered in Pasadena, CA, is looking for innovative companies in key areas of interest to explore in-licensing, distribution, and joint product development opportunities.

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Flintbox Technologies: December

Flintbox Technologies is a snapshot of some of the most recent out-licensing and in-licensing opportunities available on our site.

Out-Licensing Opportunities

Prostate Cancer Technology Bundle

BC Cancer Agency – December 3, 2008

A set of four technologies for prostate cancer detection and treatment. 1) a novel ultrasound imaging technique that allows for automated boundary determination and segmentation of the prostate 2) a novel ultrasound imaging technique that allows improved visualization of implanted seeds in the prostate 3) ultrasound training tool with unique feature of real-time visualization of needle insertion 4) prostate imaging and tumor detection system.

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Multi-Channel Nanoelectrospray (MCN) Emitters

Queen’s University – December 3, 2008

Researchers at Queen’s University have recently developed a novel multi-channel nanoelectrospray (MCN) emitter which uses a microstructured silica fiber as a “shower head” to split the fluidic flow thereby enhancing sensitivity and increasing emitter robustness. Novel emitters which are easily fabricated and possess numerous advantages when compared to state-of-the-art tapered emitters.

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Antimicrobial Coatings for Processed Foods

University of Manitoba – November 7, 2008

This patent protected coating and antimicrobial system is able to significantly enhance the ability of food processors to ensure that their products are free of any food-borne pathogens and help increase consumer confidence.

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Kool Plate laptop cooling pad

University of Ontario Institute of Technology – November 17, 2008

Kool Plate is made from high-grade aluminum; it is a simple, light weight & customizable alternative to many laptop cooling devices sold in retail stores and online.

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A biological adsorption system to remove pollutants or toxins from water

National University of Singapore – November 11, 2008

The patented technology describes a method whereby any protein or enzyme can be displayed on bacterial cell surface by fusing the corresponding gene with the Agrobacterium AopB gene (which encodes an outer membrane protein). A bio-adsorption system can be developed by displaying proteins known to bind to toxic metal ions or other organic/inorganic pollutants using this technology.

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In-Licensing Opportunities

Women’s Healthcare

Consulate General of Canada, Minneapolis – November 21, 2008

Upsher-Smith Laboratories, Inc., a privately held specialty pharmaceutical company with headquarters in Minneapolis, MN (www.upsher-smith.com), would like to augment its current portfolio with marketed or near-to-market women’s health products. The company, in partnership with the Consulate General of Canada Minneapolis, is seeking Canadian business partners interested in a United States partner for their innovative women’s health products.

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In-home Technology for Bone Health Assessment

NineSigma Inc. – December 2, 2008

An International Nutrition Company invites proposals for consumer friendly, in-home means of demonstrating the state and change over time of bone strength and/or human calcium metabolism.

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Want to see more? Go to www.flintbox.com to search all postings. To join the Flintbox network and post your own user Profile and Projects, sign up for a Pro Account. Click here to get a password reminder if you already have an account.

Key Changes to the General Public License (GPL), Version 3

Article by Doug G. Copland, Borden Ladner Gervais LLP

Open source software is increasingly appearing in more businesses and technologies, including as part of otherwise proprietary devices and software. It is vital for anyone dealing with technology – especially institutions involved in technology transfer – to understand open source software and the license terms that apply to it.

One of the most popular open source software licenses is the General Public License, or GPL, which is released by Free Software Foundation, Inc. (”FSF”) – a non-profit corporation that acts as custodian of the pervasive open source code license. FSF released the first version of the GPL in 1989, and a new version 3 in June 2007. The principal intention of FSF in releasing version 3 was to address issues that had arisen since the release of version 2 of the GPL. Version 3 made its debut after an 18-month public comment and discussion period during which input from participants representing a diverse array of commercial and non-commercial interests from around the world was provided.

One of the issues addressed in version 3 is referred to by FSF as “Tivoization”. A user of software that is subject to the GPL (”GPL’d software”) has a number of rights, including the right to modify the software. “Tivoization” – a term coined by FSF Founder Richard Stallman – refers to the incorporation of GPL’d software into a device in a manner that allows the owner of the device to modify the software, but prevents the modified software from operating on the device. This practice was not prohibited under the previous versions of the GPL. However, under GPL version 3, the manufacturer of a consumer device that includes GPL’d software must provide the user with whatever information is required to modify the software and, after reinstalling the software on the device, to have the device continue to operate as intended.

Another issue relates to Digital Rights Management (”DRM”) laws, which did not exist when GPL version 2 was released. GPL version 3 does not prevent DRM measures from being used to protect media. However, if a media manufacturer uses GPL’d software for the purposes of DRM, GPL version 3 attempts to preserve the rights of a purchaser of that media to exercise their freedoms of use of the GPL’d software, without breach of DRM laws.

Responding to what it deems the “unwise and ill-considered application of patent law to software”, GPL version 3 also includes a set of key changes relating to patent licenses. Foremost among these, the GPL no longer relies on an implied patent license from contributors to GPL’d software. Instead, version 3 states explicitly that anyone who contributes software or a modification to software under the GPL is deemed to have granted a license to use that software or modification under patents held by that person. GPL version 3 also includes provisions intended to prevent discriminatory patent licenses from depriving users of GPL’d software of any of the freedoms granted under the GPL and to ensure that the same rights are granted to all users. This restriction was generated by FSF in response to the 2006 settlement reached between Microsoft and Novell under which Microsoft agreed, in exchange for payments from Novell, not to assert patents against customers of Novell’s SUSE Linux product. Present-day transactions in which a patent holder agrees not to sue another party’s customers for use of GPL’d software will be controlled by this prohibition, although licenses entered into prior to March 28, 2007 are not affected.

GPL version 3 also includes more flexible termination provisions. Under previous GPL versions, a breach of the GPL resulted in automatic termination, with no means of reinstating the license other than to obtain a direct license from the copyright holders. Since there could be many copyright holders for particular GPL’d software, this could be an impractical, or even impossible task. Under version 3, a user who violates the GPL is still subject to automatic termination, but can also benefit from automatic reinstatement if all violations are corrected within prescribed time periods.

GPL version 3 also includes new provisions with respect to compatibility with other open source software licenses, distribution of source materials and other matters. Given the ever increasing prevalence of open source software, all businesses should be aware of the changes to GPL version 3.

About the Author
Doug G. Copland is a partner in the Vancouver office of Borden Ladner Gervais LLP, and a member of the firm’s Intellectual Property and Technology Group. He practices business law including acquisition of computer systems and software, as well as IP law, which includes the creation, protection, exploitation (licensing and franchising) and enforcement of trade-marks, copyrights, patents and trade secrets.

For more information on the Intellectual Property Group at Borden Ladner Gervais LLP, and how you can contact them for a complimentary IP Workshop or Seminar, please click here. View the Borden Ladner Gervais profile on Flintbox.

Flintbox Technologies: November

Flintbox Technologies is a snapshot of some of the most recent out-licensing and in-licensing opportunities available on our site.

Out-Licensing Opportunities

Method to Enhance Oil Recovery from Fractured Carbonate Reservoirs

University of Alberta – November 3, 2008

An environmentally-friendly method to recover heavy oil/bitumen from fractured carbonates, which contain about 60% of the world’s oil reserves. The method potentially allows for much faster recovery and with higher yield than conventional methods.

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Adapter Gene

SickKids The Hospital for Sick Children – October 31, 2008

This invention consists of the identification and cloning of a novel gene, MARS (Modulator of Antigen Receptor Signaling). MARS is a putative tumour suppressor gene.

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DeckChair Learning Inc.

University of Toronto – October 28, 2008

DeckChair Learning is a web-based, guided-learning system for multimedia instruction, assessment and customized training. The system hinges on intelligent tutoring algorithms that assign new exercises based on each student’s strengths and weaknesses.

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Opure: Safe handling of drinking water

Université de Montréal – October 28, 2008

Safe drinking water is a major issue in most developing countries, where improvements in its use, management and quality are greatly needed. We propose a design of jar which keeps clean water clean while helping users to adopt good habits.

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Mint Variety Useful for Treating Allergies

University of Guelph – October 21, 2008

Guelph researchers have developed and characterized a mint variety that produces very high levels of rosmarinic acid, a powerful antioxidant and anti-inflammatory.

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In-Licensing Opportunities

University of Nebraska-Lincoln Technology

Consulate General of Canada, Minneapolis – October 15, 2008

The Lincoln, Nebraska-based Office of Technology Development manages the intellectual property assets of the University of Nebraska-Lincoln. OTD’s mission is to help turn academic research into tangible products and services, while returning income to the inventors and to the University to support further research and education. OTD has recently partnered with the Consulate General of Canada Minneapolis to offer Canadian companies access to technologies enabling the development of innovative new products and services.

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Want to see more? Go to www.flintbox.com to search all postings. To join the Flintbox network and post your own user Profile and Projects, sign up for a Pro Account. Click here to get a password reminder if you already have an account.

Flintbox Technologies: October

Flintbox Technologies is a snapshot of some of the most recent out-licensing and in-licensing opportunities available on our site.

Out-Licensing Opportunities

Integrated System for the Design of Agile Plant Layouts

University of New Brunswick – September 24, 2008

Agile manufacturing is a philosophy being embraced by many small- and medium-sized enterprises (SMEs) that require flexibility to compete. The technology outlined here is a conceptual framework for an integrated planning system (IPS) that recognizes low-cost manufacturing and flexibility as two competitive priorities for SMEs. The GATS software is available for testing on a real-life scenario.

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A Solar Heat-Pump System for Air-Conditioning, Water Heating and Drying

National University of Singapore – September 22, 2008

An integrated solar thermal system for improved energy efficiency, which shows good potential for implementation in commercial and residential applications and provides a new dimension in the process of replacement of conventional energy with renewable energy sources.

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Drive-point Injection System for In-Situ DNAPL Remediation

University of Waterloo – September 19, 2008

A passive non-mechanical system for injecting oxidants into contaminated soil formations for the remediation of dense non-aqueous phase liquids. The in-situ DNAPL treatment system has been successfully field tested at the Canadian Forces Base Borden groundwater test aquifer location. This technology is presently available for licensing.

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Process for the treatment of pig manure

Agriculture and Agri-Food Canada – September 24, 2008

Agriculture and Agri-Food Canada is offering a commercialization opportunity involving the treatment of liquid pig manure using magnesium smelting by-products. By allowing the de-phosphatation of the manure, the process represents a reduction to the environmental impact of farm waste management and offers an advantageous and environmentally acceptable solution for the disposal of residues from the magnesium industry. Moreover, the solid fraction obtained by the process is a slow-release organo-mineral fertilizer.

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Neuroprotectant for Stroke Patients

Queen’s University – September 29, 2008

A Peptide-based therapeutic technology that increases neuronal cell survival. Treatment for Stroke and other CNS disorders. PARTEQ is looking for a qualified licensee to collaborate in the further development of this compound. Exclusivity is currently available.

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In-Licensing Opportunities

Pressure Bladder System

NineSigma Inc. – September 19, 2008

A Fortune 500 Company seeks seeking proposals for rapid development of pressure bladder systems for use in a medical device. Likely outcomes include development contracts leading to license or supply of technology or product; exclusivity preferred for end application.

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Want to see more? Go to www.flintbox.com to search all postings. To join the Flintbox network and post your own user Profile and Projects, sign up for a Pro Account. Click here to get a password reminder if you already have an account.

Getting Your Patent Faster

Article by Curtis Behmann, Borden Ladner Gervais LLP

As a Flintbox member, you know the importance of protecting your IP. One of the frustrations of patent owners is the time it takes between filing a patent application and getting an issued patent. With patent office backlogs measured in years, this article explores some ways to expedite the process in Canada and in the United States.

United States – Easier for some
If your invention relates to cleantech, biotech or national security you may be in luck. While advancing prosecution of a U.S. application has historically been relatively onerous – or limited to certain situations – it is now easier in certain cases. On the cleantech side, some applications can be expedited including: an invention that materially enhances the environment of mankind, contributes to the discovery or development of energy resources, contributes to the more efficient utilization and conservation of energy resources, or involves superconducting materials. On the biotech side, applicants can expedite prosecution of inventions related to safety of research in the field of recombinant DNA, or relating to HIV/AIDS or cancer. Inventions that contribute to countering terrorism are also included.

If it is not clear from the application, a statement must accompany the petition explaining why the invention materially meets one of the conditions above. This is in addition to the request and the $US 130 government fee. The case will then be given priority in the examination queue.

Canada – Equality for all
In Canada, the prosecution of any patent application can be advanced simply by filing a request and paying a $500 government fee (along with applicable professional fees).

After submitting a “special order” request, as they are known, you will receive an Office Action from the Canadian Patent Office in about 3 months. That is much faster than the typical 3+ year wait. Aside from the special order request and fee, examination of the application must be requested and the application must be published (laid open for public inspection).

While it is not guaranteed, special order cases typically continue to receive higher priority treatment after a response to a first Office Action has been filed.

Patent Prosecution Highway
The Canadian and U.S. patent offices are in the midst of a one-year Patent Prosecution Highway (PPH) pilot project, which allows each patent office to benefit from examination already done by the other office.

For example, applicants can expedite prosecution of a Canadian application if the claims are amended to sufficiently correspond with allowed claims from a corresponding U.S. application. The Canadian application must claim the benefit of priority of the corresponding U.S. application that was filed first.

In contrast to the “special order” approach, there is no government fee for PPH requests during the pilot project. The pilot project officially ends on January 28, 2009, and fees may apply if the service becomes permanent.

Pre-Filing Tips
In addition to the post-filing approaches discussed above, there are some things you can do before filing a patent application that should help get a patent faster – though they won’t help you jump the queue.

Performing a patentability search can help identify relevant references before the application is filed. Distinguishing aspects can then be emphasized, which can assist in prosecution by making the Examiner’s job easier.

Crafting a well-drafted patent application, that can be relied upon to support future applications and prosecution, is well worth the time, effort and investment.

About the Author
Curtis Behmann is a patent agent in the Ottawa office of Borden Ladner Gervais LLP, and a member of the firm’s intellectual property and technology group. He advises researchers, entrepreneurs and innovators and corporations on all aspects of patent protection and strategy, and is a licensed professional engineer.

For more information on the Intellectual Property Group at Borden Ladner Gervais LLP, and how you can contact them for a complimentary IP Workshop or Seminar, please click here. View the Borden Ladner Gervais profile on Flintbox.