Commercialization Policy

To provide Seneca with a framework for supporting Third-Party Entities (TPEs) and facilitating the commercialization of intellectual property arising from supported TPEs under the requirements of the Ontario Commercialization Mandate Policy Framework, providing consideration to the specificities of research in a postsecondary environment. 

Partnering with Ontario businesses will result in a net benefit to Ontarians by keeping intellectual property (IP) development and enhancements in Ontario.

Seneca students involved in paid research activities and generating IP in the course of funded Applied Research activities. 

Seneca employees or contractors (including employees on paid professional development leave) who generate IP in the course of funded Applied Research activities.

The research administration office of Seneca, known as Seneca Applied Research.

Research and development activities directed at solving a specific challenge faced by an external partner or TPE. Applied Research at colleges is typically carried out by teams of students working under the guidance, supervision and mentorship of faculty, and in collaboration with partner organizations or under agreement with TPEs.

An agreement between Seneca and a TPE whereby Seneca agrees to provide Applied Research services to the TPE.

IP that is developed by one or more parties in the course of Applied Research activities which did not previously exist. It is also referred to as Foreground IP.

The process of taking an invention or scientific discovery (for example, new technology or new or improved manufacturing process) or other IP to one or more commercial markets.

Any employee, including faculty, staff or student who creates IP at Seneca.

A tangible or intangible concept, system, device, process, machine, scientific discovery, work or creation, which is unique and original, as well as any related Intellectual Property. Inventions can be issued a patent under the Patent Act (Canada).

Any form of knowledge or expression created by one's intellect that can be legally protected, including technical information, inventions, models, drawings, photographs, specifications, prototypes, computer software and other creations that can be protected under patent, copyright, trademark, integrated circuit topography, plant breeders rights and industrial design laws. For the purposes of this policy, confidential information having a commercial value is to be considered Intellectual Property.

Work consisting of text, such as books, pamphlets or computer programs.

In Canada, a right granted by the federal government to the inventor (or a person to which the inventor has assigned their rights) to stop others from making, using and/or selling an Invention from the day the patent is granted to a maximum of 20 years after the day on which the patent application is filed.

The communication of information relating to IP to external parties, including students who are not presently contractors or employees of Seneca. Public Disclosure includes, but is not limited to, disclosure in written or oral form; communication by email; posting on a web blog or social media platform; disclosure in a news report, press release or interview; publication in a journal, abstract, poster, or report; presentation at a conference; demonstration of an Invention at a trade show; or the industrial application of an Invention.

An industry or community partner with which Seneca has contracted to provide Applied Research Services that could result in Arising IP.

1. Seneca aims to foster an environment in which the commercialization potential for the IP resulting from applied research services provided to TPEs can be maximized for the benefit of Ontarians.

1. By adopting this policy, Seneca will:
   • promote the appropriate use and protection and protection of IP arising from Seneca’s research activities
   • maximize the socioeconomic benefits to Canada and Ontario of such IP
   • promote individual and collective compliance with Seneca and third-party expectations based on applicable legislation and regulations
   • define the roles and responsibilities of the various stakeholders in the management of Arising IP
   • promote the use and dissemination of research results in subsequent teaching or research activities at Seneca.
2. Nothing in this Policy restricts employees from exercising their rights under a relevant collective agreement.
3. This policy is to be read in conjunction with Seneca’s IP Policy, which addresses the ownership of Intellectual Property developed by its employees and students.

1. All Creators must promptly disclose to Seneca any/all Intellectual Property with commercial potential.
2. Seneca will establish a procedure to facilitate such disclosure to the ARO or TPE. This may include the use of a disclosure form, or it may be included in a report provided to the TPE that describes the Invention or other IP, the Creators and any existing agreements related to the Invention or other IP. Such disclosure is not considered Public Disclosure.
3. Seneca will educate potential Creators on the importance of thorough and timely disclosure.

1. Creators must avoid premature disclosure of an Invention before filing a patent application.
2. Creators are strongly encouraged to make all reasonable efforts to identify any protectable IP as early as possible and consult the ARO before making any Public Disclosure of IP.

1. Any Applied Research Services Agreement must contain confidentiality clauses.
2. Seneca employees and students must be made aware of confidentiality provisions to ensure they are respected.
3. Persons engaged in research must maintain the confidentiality of all information received in the context of research activities that are designated as confidential by the party disclosing it or protected by a confidentiality clause.
4. TPEs may require individuals within Seneca’s community to sign non-disclosure agreements (NDAs) as additional protection, often before Seneca and the TPE enter into an Applied Research Services Agreement.
5. In such case, unless the NDA contains clauses that cannot be considered “standard,” the individual shall be required to sign the NDA as a condition of participating in the project to indicate their acknowledgement of the NDA terms.
6. Where the ARO believes that Intellectual Property belonging to Seneca, or which Seneca licenses from a third party, may be divulged in the course of research activities, Seneca will request the TPE to sign a non-disclosure agreement.

1. Funded Applied Research services provided to a TPE require an Applied Research Services Agreement.
2. Applied Research Services Agreements that could result in the creation of new Intellectual Property must be documented in a written contract which:
   • protects the interests of Seneca, its students and employees by minimizing the potential for, and the consequences of, a breach of the agreement
   • saves Seneca parties harmless from future IP-related claims.
3. In all instances, the contract shall explicitly or implicitly provide that the decision to commercialize Arising IP will rest with the TPE.

1. Seneca must endeavour to maintain the right to use any Arising IP resulting from an Applied Research Services Agreement for internal academic and teaching purposes, including to enhance curriculum relating to the subject matter thereof and of providing case studies and examples of research-derived IP and the management thereof.

1. Seneca will ensure that IP created with the use of its physical and human resources (i.e., Arising IP) will be identified, protected from disclosure and transferred to TPEs or, if so directed by them, to third-parties who are capable of assessing the IP’s commercial potential.
2. Seneca Innovation is responsible for approving, periodically reviewing and updating this policy.
3. The ARO is responsible for administrating all matters relating to IP at Seneca. Its functions include:
   • ensuring and promoting compliance with this policy and other IP policies of Seneca by informing relevant stakeholders of their rights, roles and responsibilities
   • responding to questions regarding the application, interpretation and implementation of this policy
   • managing agreements signed with TPEs, including non-disclosure agreements, assignments and licenses, including establishing, negotiating and reviewing all such agreements, with the assistance of legal counsel if necessary, before they are signed by any Seneca student, employee or contractor 
   • serving as the repository for the previous agreements 
   • promptly reviewing all written IP disclosures 
   • where possible, supporting staff members, students and industry partners with any issue related to IP protection and commercialization
   • making the members of research teams aware of the terms and conditions of the relevant research agreement that may directly impact them (such as disclosure and confidentiality provisions).
4. The Vice President, Academic and Students must sign all agreements that could result in Arising IP, including all Applied Research services agreements.
5. Deans, Directors and Chairs are responsible for supporting and implementing this policy.
6. Creators must collaborate with Seneca TPEs and any other relevant third parties to identify and protect third-party IP rights and any rights that Seneca may have in IP.
7. Creators recognize that ownership of Arising IP resulting from projects involving third parties depends on the terms of the agreement between Seneca and the third party. 
8. In the majority of cases, the rights of Creators will be transferred to the third party that commissioned an Applied Research project.
9. Creators may be asked to sign a waiver, an assignment of rights or any other document relating to ownership and protection of the Arising IP. 

1. To promote the objectives of this policy, Seneca may: 
   • provide all employees with access to IP education resources made available by the IP office of the Province of Ontario (IPON)
   • organize and hold annual “IP 101” sessions, during which participants will be introduced to the contents of Seneca’s IP Policy and this commercialization policy
   • provide access to IP training and educational information materials on Seneca’s Intranet
   • raise awareness of this Commercialization Policy by posting on or more announcements on Seneca’s Intranet 
   • take any reasonable steps to further the objectives of this policy.

1. To build institutional capacity to conduct Applied Research and thereby develop and enhance Ontario-based IP, Seneca will continue to build and maintain relationships with local innovation ecosystem partners (e.g., incubators, accelerators, innovation centres, research networks). 
2. Such relationships and efforts to develop and enhance Ontario-based IP cannot impact federal funding received by Seneca in relation to the Applied Research projects it undertakes.
3. To optimize the commercial potential of Seneca’s Applied Research activities, Seneca will:
   • make a summary assessment of the TPE to confirm that it has a minimum level of viability before entering into an Applied Research Services Agreement
   • transfer or confirm the transfer Arising IP to the TPE at the TPE’s direction after the completion of the Applied Research Services Agreement.

1. In the case of discrepancy between this policy and the terms of an Applied Research Services Agreement, the terms of the Agreement shall prevail.
2. Any other exception to this policy requires prior approval of the ARO.

• None

• Intellectual Property Policy

In July 2020, in response to the recommendations of the Expert Panel established in Spring 2019 to help Ontario become more strategic in its approach to generating, protecting and commercializing intellectual property (IP), the government of Ontario released the province’s first Intellectual Property Action Plan. One of the key action items of the Plan is to clarify the commercialization mandates of postsecondary institutions. In response, the Ministry of Colleges and Universities released a Commercialization Mandate Policy Framework in early 2022 directing each postsecondary institution to develop a Commercialization Policy focused on the objective of harnessing the intellectual property generated with the institution’s resources so as to achieve Ontario’s goal of ensuring that made-in-Ontario innovations benefit Ontarians. 

Under the Ontario Colleges of Applied Arts and Technology Act, 2002, the objects of Seneca College of Applied Arts and Technology (“Seneca”) are to offer a comprehensive program of career-oriented, postsecondary education and training to assist individuals in finding and keeping employment, to meet the needs of employers and the changing work environment and to support the economic and social development of their local and diverse communities. The Act further provides that in carrying out its objects, Seneca may undertake a range of education-related and training-related activities, including applied research. It is within such context that Seneca involves its students, faculty and other staff in Applied Research projects, notably through the rendering of Applied Research services to Third-Party Entities (TPEs). Through its applied research activities, Seneca, along with all other Canadian colleges, plays a critical role in supporting small and medium-sized enterprises (SMEs), fostering competitiveness and innovation, and contributing to Ontario’s economic growth. 

This policy provides a framework for Seneca’s role of supporting Third-Party Entities (TPEs) and facilitating the commercialization of Arising IP by them.  

This policy has been developed within the unique applied research funding context for Ontario colleges. The operating funding provided to colleges by the province is designed to support the core education and training mandate of colleges and does not reflect the overhead costs of exploring, developing and overseeing applied research projects. These costs must be met through other revenue sources. Funding from granting agencies, primarily federal agencies, is crucial for Seneca to undertake specific applied research projects. These projects increase innovation at the community and regional level by enabling Seneca to work with companies to develop solutions to specific business and technical challenges. With the help of such funding, Seneca can actively engage in Applied Research and collaborations that can lead to the commercialization, as well as technology transfer, adaptation and adoption, of new technologies by TPEs.  

Approval Date: November 2022