Intellectual Property Ontario (IPON): Eligibility Requirements and Recent Program Changes
Authors: Yonida Koukio & Karan Menon
Ontario-based small-and-medium size companies exploring government funding options to protect their intellectual property (IP) can apply for funding from Intellectual Property Ontario (IPON). As a provincially governed agency dedicated to fostering innovation, IPON plays a pivotal role in assisting with the generation, safeguarding, and commercialization of IP within Ontario. IPON has recently implemented a few changes to its program, as further outlined in this article.
Programs and IP Funding
IPON had previously announced that funding would be available under three programs, the IP Bootcamp, the Partner Program, and the Self-Guided option, which have recently been consolidated into the Self-Guided option. Funding was originally capped at $35,000 per funding call, with the potential to go up to $100,000 per eligible company. Under the new program changes, IPON has eliminated the upper limit per company while capping the available funding to $35,000 per funding call. New funding calls are announced periodically, usually after the deadline to complete the work under a previous funding call that has lapsed, and take place roughly every quarter. Companies that have been approved by IPON, based on the eligibility criteria described below, can participate in many funding calls with no limit as to the total amount they can be funded for.
Approved companies are required to cover at least 20% of the costs for IP-related services and disbursements, as well as the total amount of applicable taxes per statement of work submitted to IPON. IPON will contribute up to 80% of the costs relating to the services and eligible expenses. This funding is exclusively for future work and typically cannot be combined with other IP funding sources unless approved by IPON.
Eligible Services
IPON provides IP funding to help subsidize the cost of eligible IP protection and commercialization for the following services:
| Service Type | Description |
| IP Survey/Audit | Engaging with the company’s employees and other stakeholders to identify the company’s internally focused IP assets and determine what is, can, and should be protected, which may include an internal review for IP opportunities missed or IP risk assessment of their internal IP position. |
| IP Strategy | Guidance and advice for the development of the company’s IP strategy, including an IP budget, IP creation and acquisition plans and programs, commercialization opportunities, risk management framework and opportunities, the protection of registered and unregistered IP, and the communication of suggested strategies to the company’s board and executive team. |
| Competitive Analysis/ Landscape Report | The provision of externally focused competitive business advice through a patent landscape analysis that identifies: 1. Innovation opportunities not yet covered by third party IP; 2. Potential competitors with a focus on their IP position; 3. Partners and collaboration opportunities; and 4. Technology trends. Legal advice in connection with a competitive analysis may potentially include obtaining a freedom to operate opinion, or prior art searches. |
| IP Registration | Enhancing the scope of protection through new IP registrations led or directed by an IP service provider that meets IPON’s requirements, including: 1. Patent Protection: Registering new patents (divisional with new claims, new filing, new provisional), including prior art searches and prosecution. 2. Industrial Design Protection: Searching for existing and registering new industrial designs. 3. Copyright Protection: Legal advice and assistance for copyright filings. 4. Trademark Registration: Registering trademarks, including necessary clearance searches. |
| Contractual Support | Contract support from an IPON approved IP service provider. This includes: 1. Confidentiality: Reviewing or drafting non-disclosure agreements. 2. IP/Data Ownership: Reviewing IP and/or data ownership contractual provisions. 3. IP/Data License/Use: Drafting, reviewing, and negotiating IP and/or data licensing terms. 4. Transaction Support: Reviewing IP and/or data ownership terms in transaction documents. 5. Other Contracts: Advice on IP and data protection across various contracts, including employment, master service, demo/trial, EULA, and distribution agreements. |
| IP-Related Initial Disbursements | Reasonable initial IP-related disbursements for Canadian and foreign filings, aimed at enhancing the IP position, including government filing fees, government examination fees, fees for foreign agents/associates, and translation costs. |
Eligibility Requirements
To be eligible for consideration under IPON’s program, applicants must demonstrate that they:
- are a small-and-medium size enterprise operating in Ontario with fewer than 500 employees;
- operate within one of the following sectors: MedTech, life sciences, artificial intelligence, vehicle technology, or mining and advanced manufacturing, as defined here;
- conduct operations in Ontario with a long-term growth plan for the province;
- own IP or is an exclusive licensee and intends to commercialize or monetize in Canada;
- have the potential to realize societal or economic benefit to Ontario;
- have the financial capacity to advance the protection and commercialization of IP and IP rights that may be supported by IPON Client Services; and
- have an immediate IP need suited for IPON services and IP funding.
Furthermore, to be eligible to access IP finding, IPON companies must complete the following:
- Foundations of IP Strategy course;
- Foundations of IP Strategy workshop; and
- IP Benchmarking Tool – a comprehensive assessment of clients’ IP health and awareness by conducting a review of their IP strategy, assets, and processes. Results are used to develop tailored IP strategies and actions to meet clients’ IP needs.
How to Apply
Businesses that meet the eligibility requirements outlined above and wish to apply for IPON should click here and complete the application.
We are thrilled to announce that Oziel Law has been approved as a legal service provider for IPON. We are committed to assisting businesses in applying for funding and securing their IP. Whether you need guidance or have inquiries about the application procedure, don’t hesitate to contact us at info@oziellaw.ca. We’re here to assist you!
