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Is SR&ED Unique, Like a Patent?

  • There is a close correlation between patentable work and SR&ED-worthy work. A patent protects the solution to a problem from being exploited by others, where as SR&ED helps to offset the cost of everything that was tried and failed in order to reach the solution to a problem.
  • SR&ED claims and patents have some commonalities and many differences. Both patents and SR&ED must cover new technical ground. A patent must be novel, useful and non-obvious; SR&ED must raise the base technology over what is available in the public domain and within the corporation. The work done to advance technology (and which may possibly be patentable) is generally SR&ED-eligible. Unlike a patent, which must be unique, SR&ED could cover the same ground as a competitor providing the competitor or other entity has not made their advances known to the SR&ED filer directly or via the public domain.