Patents - Filing Requirements


Patent Filing Requirements
  • The name of the applicant.
  • Copy of the specifications with or without the claims and all drawings referenced in the specification.
  • The name and address of each inventor.
  • If the applicant is not the inventor, a deed of assignment signed by all parties and witnessed is required.
  • Where the application describes a nucleotide or amino acid sequence other than a sequence identified as forming part of the prior art, a sequence listing and a copy thereof in computer-readable form.
  • Certified copy of the priority document if claimed, except where the priority document is an earlier Canadian Application or is a priority document to a National Phase Application and the PCT priority requirement has been satisfied.

Notes
  • Late filing of documents: allowed, to be filed later without penalty.

Certified copies of priority documents are required, except where the priority document is an earlier Canadian Application or is a priority document to a National Phase Application and the PCT priority requirement has been satisfied.

When trying to file a “Late Entry” PCT deadline, applicants must submit a statement that the failure to meet the 30-month deadline was unintentional. The 42-month deadline still applies if the PCT International Filing Date is before October 30, 2019.

It is possible to obtain a filing date even if the pages of the specification do not conform to all of the Patent Office formal requirements and even if they are facsimile copies. Any necessary corrections must be made before the patent issues. The formal requirements will be provided upon request.

Annuity Requirements
  • No documents are required.

Patent Assignment
  • Copy of the deed of assignment signed by all parties and witnessed.

Notes
  • Late filing of documents: not allowed.

Patent Merger
  • Copy of the merger agreement signed by all parties and witnessed.

Notes
  • Late filing of documents: not allowed.

Patent Recordal of Change
  • No documents are required, only details of the change.

Patent License
  • Copy of the license agreement signed by all parties and witnessed.

Notes
  • Late filing of documents: not allowed.