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Checklist for Original or Paris Convention Patent Application in Canada


 

Printable
Checklist

Appointment
of Agent

Assignment
from inventors

Assignment
from company

Declaration of
Applicant’s Entitlement

Small entity
considerations

  

  • All documents must be submitted to the Patent Office in English. A translation of a document should be accompanied by a statement by the translator to the effect that, to the best of the translator’s knowledge, the translation is complete and faithful. We can arrange for the translation, if needed. The Patent Office may requisition a new translation if it has reasonable grounds to believe that the translation is not accurate.
  • Name of each applicant.
  • Specification (description, claims and abstract) in English, preferably in an editable format. Drawings in English.
  • Convention Priority. The filing date in Canada must be no more than 12 months from the earliest priority date. The claim for priority must be made within 16 months of the earliest priority date. The country, filing date and application number of the priority application(s) must be given. It is not necessary to file a certified copy or other evidence of the filing of the foreign application.
  • Appointment of Agent in favour of Integral IP, signed by each applicant. If the applicant is a company, the Appointment of Agent should be signed by an officer of the company (CEO, CFO, COO, Director, etc.). We will send you the Appointment of Agent upon request.
  • Declaration of Applicant's Entitlement as at the filing date in Canada. Entitlement may be based, for example, on employment, an agreement, an assignment, a name change, or any combination of these or other factors. If the Declaration of Applicant's Entitlement is not provided to the Patent Office within 15 months of the earliest priority date (or 15 months of the filing date, if no priority is claimed), it will be requisitioned by the Patent Office, incurring a completion fee of $200. Failure to respond to the requisition within 3 months of its mailing date will cause the application to go abandoned.
  • Instructions to request examination or not to request examination at national phase entry. Examination must be requested within 5 years of the filing date in Canada. Accelerated examination is possible in certain circumstances.
  • If applicable, a small entity declaration signed by the applicant. We will send you the declaration upon request. No fees can be paid at the small entity rate without submitting a signed small entity declaration to the Patent Office. Small entity status is determined as at the filing date in Canada.
  • If applicable, sequence listing in editable format (preferably a text file), compatible with PCT rules for sequence listings.
  • (Optional yet highly recommended) Assignments or other documents explaining chain of title from the inventors to the applicant. In order to be registered at the Patent Office, a document must have proof of execution, for example, witnessed signatures or a company seal. Proof that the document was recorded in another Patent Office, for example, a Notice of Recordation from the USPTO, is acceptable. Each document incurs a registration fee of $100.