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Patent Applications
GENERAL NOTE: The instructions that follow pertain to regular (non-PCT) filings. In some cases, the practice respecting national phase entry of PCT cases differs from what is stated below. For information on national phase entry for PCT cases, please refer to the separate section on PCT national phase entry, here.
1. (a) Items Needed to Obtain a Filing Date
Abstract;
Specification, including disclosure and at least one claim, in English or French;
Any drawings referred to in the specification (the drawings may if necessary be informal);
Name(s) and address(es) of inventor(s) and also of the applicant, if applicant is to be an assignee or other successor-in- title.
(b) Items Not Needed to Obtain a Filing Date
1. Power of Attorney;
2. A signed document of any sort.
To obtain a filing date, we can prepare and execute the required petition as agents for the applicant. There is no need for the applicant or inventors to sign the petition, or any other application papers. However, any assignment required to perfect the applicant's right (derived ultimately from the inventors) to apply for the patent must under present practice eventually be filed. It is expected that the requirement for recording an assignment will soon be eliminated by amendatory legislation.
2. Format of Specification/Drawings
A photocopy of a specification and claims in United States, PCT or EPC (English-language version) format will usually suffice for Canadian filing purposes. Any necessary retyping can usually be deferred until allowance. Size A4 paper is preferred for the specification although any size can be used for initial filing purposes. Formal drawings should be on the same size paper as is used for the specification, with a clear margin preferably of at least one inch (2.5 cm.) on all sides.
For biotech cases containing sequence listings, a computer-readable form of the sequence listings on diskette is required, along with a declaration that the computer-readable form of the sequence listings conforms to the printed copy of the sequence listings contained in the specification. We shall be pleased to advise further upon request.
3. Assignment
To be recorded by the Patent Office, an assignment must cover Canadian rights explicitly or implicitly and be:
1. an originally executed assignment, including proof of execution; or
2. a copy of the foregoing, certified by a notary public; or
3. a copy of an assignment filed in another Patent Office, certified by such Patent Office.
While the Patent Office will record any witnessed assignment, we recommend that proof of execution of an assignment be in the form of a notarial certificate or affidavit of a subscribing witness sworn before a notary public or similar official, to ensure compliance with the Patent Act. No legalization by Canadian consular officials is required.
Note that a photocopy of an assignment is acceptable to avoid payment of a completion fee, but eventually an assignment conforming to one of the above-mentioned criteria (1), (2) or (3) must be filed.
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