Research in chemistry, biochemistry and chemical engineering continues to generate valuable intellectual property, including inventions protected by patents and confidential information guarded as trade secrets. Taking measures to retain and safeguard supporting records at the research stage can improve the ability to preserve and enforce this IP, particularly when challenged later in court proceedings. I will draw on the case law and practical experience to highlight documentary concerns associated with the requirements for patent validity and the maintenance of trade secrets. This presentation will also address uses of and issues with various categories of documentation and records.
Jonathan Chong obtained a B.Sc. in chemistry and biochemistry from UBC. His Ph.D. research on supramolecular porous materials constructed from triptycene-based building blocks was carried out under the supervision of Prof. Mark MacLachlan. After working at the National Research Council of Canada on processes for generating feedstocks and materials from renewable resources, he obtained his B.C.L./LL.B. from McGill University. As an associate at Norton Rose Fulbright, a global law firm, Jonathan advises clients on intellectual property matters and has appeared before the Federal Court and the Federal Court of Appeal.