Filing Patent Online Upload Documents Line Drawing Vs Other

3. Complete your application

The application y'all write volition go your patent. Make sure the description, claims and drawings in your application are clear and follow the formatting requirements.

On this page

• Application checklist
• Application formatting
• Example patent applications

Application checklist

Your patent application must include the following:

Petition

The petition is your formal request for a patent and includes:

• the championship of the patent
• your name and address
• the proper name and address of co-applicants (if applicative)

If you file online, you tin can use an auto-generated petition. Otherwise, employ the Petition for Grant of Patent course to generate a printable petition to include with your application.

Manual of Patent Office Do references

• 4.03 Petition

Statement of entitlement

You lot must provide one of the following statements:

• the applicant or applicants are entitled to apply for a patent
• the bidder is the sole inventor of the subject matter
• the applicants are all inventors and the sole inventors of the subject matter

Include this statement in either:

• your petition
• a split certificate

Inventor information

You must provide the names and addresses of all inventors.

Abstract

The abstract is a brusque summary (150 words or fewer) that describes your invention and says how it tin exist used. Abstracts are mainly used for searching patent databases.

In your abstruse:

• Describe the master parts of your invention and how they work
• Avoid referring to whatsoever claims, or other parts of your application. Since your abstract may be read on its own, the reader will non empathise if you lot talk over other parts of your application.
• Write your abstract so that those with a background in the field tin easily understand it.

Claims

The claims you lot make in your application are the legal foundation that protects your invention. They form a purlieus around your patent defining your invention. They let others know when they are trespassing on your rights.

When you write the claims section, consider the scope, characteristics and structure of your claims.

Scope

Each merits should have only i significant, which can be either wide (full general and high level) or narrow (more specific), but not both at the same fourth dimension.

Writing many claims, where each has its ain scope, ways y'all can go legal championship to several aspects of your invention.

Characteristics

When you are writing your claims, make sure that they are:

• clear—so that yous do not cause the reader to wonder about the merits (avoid using words such every bit "sparse," "strong," "a major part," "such as" or "when required" equally these words force the reader to brand a sentence based on their opinion rather than on objective observation: be specific)
• complete—so that it covers an inventive characteristic and has plenty elements around it to put the invention in the proper context
• supported—by the description (your claim should be clear and easy to understand by the average person working in your field based on your description)

Structure

A claim is a unmarried sentence (statement) fabricated up of 3 parts:

1. Preamble (or introductory phrase)
   The preamble names the category of the invention, and sometimes the purpose (for case, a machine for waxing paper, a limerick for fertilizing soil).
2. Purview (or body)
   The purview lists the master parts of the invention, such as parts of a device, steps of a procedure or method, ingredients of a limerick or groups in the chemic formula of a compound.
3. Transitional phrase
   The transitional phrase describes how the torso of the merits relates to the introductory phrase. Information technology helps assess the scope of the claim as the phrase can be restrictive or permissive in nature. Information technology joins the previous 2 parts. It is made up of words and phrases such as:
   • "which comprises"
   • "comprising"
   • "including"
   • "consisting of"

Example

In the following example, "A information input device" is the preamble, "comprising" is the transitional phrase, and the rest of the claim is the trunk.

"A data input device comprising:

• an input surface adapted to be locally exposed to a pressure or pressure level force
• a sensor means tending below the input surface for detecting the position of the pressure or force per unit area force on the input surface and for outputting an output signal representing said position
• an evaluating means for evaluating the output signal of the sensor means

Description

The description must be able to answer the questions of "what is your invention" and "how does it work." It should be clear enough that someone else could brand and use the invention using only the description you provide.

Make sure your description is a complete and full description. This is important considering yous tin't add together any new information to your patent application one time you lot have filed it.

• Start with general background information and then move on to more detailed information about your invention and its parts.
• Whatever changes that you make must exist in line with what was originally there. Nothing new can exist added.

Drawings

Whenever possible, include a cartoon for inventions. If y'all tin can't illustrate your invention with drawings, you lot may include photographs that show the invention with your application.

Your drawing must:

• evidence every feature of the invention defined by the claims
• follow the Canadian Intellectual Belongings Role's standards for page size and quality of paper

Do not submit models and specimens of your invention.

Sequence list (if applicative)

If your description contains the sequence of a new poly peptide or nucleic acid, your application must contain a sequence listing. The formatting of the sequence list follows international standards.

To get assistance to create and check the formatting of a sequence listing, visit the Biological Sequence Listing Verification Programme page.

Your application may include the post-obit

Small entity declaration (if applicable)

A small entity declaration is a declaration that you are a small entity. You tin provide it in the petition or in a divide document. A small entity announcement only needs to be provided in one case. The statement must refer to all applicants and it must be signed past the appointed patent amanuensis or past some other person authorized under the Patent Rules (see chapter ten.02.02 of MOPOP for clarification most who may sign a pocket-size entity annunciation).

If you want to benefit from paying all fees at the reduced rate, we recommended submitting information technology when y'all file your application.

Learn more than about minor entity conditions (subsection 44(two) of the Patent Rules)

Small entities are:

• organizations with 50 or fewer employees
• universities

All fees are reduced for small entities. If you think you lot qualify, use the pocket-sized entity annunciation tool to learn how to submit a minor entity declaration.

Pocket-sized entity proclamation tool

Common representative appointment document (if applicable)

If at that place is more than 1 applicant, the applicants can appoint a common representative from amid the applicants. If the applicants practice not appoint one, an bidder volition be deemed appointed.

The common representative represents all applicants when taking certain actions, such every bit appointing a patent agent.

To engage a common representative, include a statement that clearly appoints a common representative in either of the following:

• your petition (unless your application is bounded)
• a separate document signed by all applicants

Agent appointment document (if applicable)

You must hire a patent agent if:

• the awarding is filed by someone other than the inventor
• there is more than 1 inventor and the awarding is non filed jointly by all of the inventors
• a transfer of the application had been recorded with the office

To appoint an agent, include a statement that clearly appoints an agent in either of the post-obit:

• your petition
• a split up document signed by the applicant, or if there are joint applicants, the mutual representative.

Claim priority

If you have previously filed an awarding for the same invention, you tin claim priority to that awarding.

To claim priority, provide the following information about the previously filed awarding in the petition or in a split document:

• the application number
• the country or part of filing
• the filing date

If the previously filed application is not a Canadian application, y'all must provide:

• a copy of the previously filed application
• a document showing the filing date, or admission to the previously filed application in the Earth Intellectual Property Organization'due south Digital Admission Service by providing the access code

Application formatting requirements

Format for text

The format for the application text is every bit follows:

Paper

• Utilize proficient quality white paper that is either 21.half dozen cm by 27.9 cm (8.v inches x 11 inches) or 21 cm past 29.7 cm (A4 format) (figure 1).
• Practice not crease or fold the paper.
• Your application should not testify any interlineations, cancellations or corrections.

Margins

Utilise the following margin dimensions (effigy 2):

• top, bottom and right: 2.0 cm
• left: 2.5 cm

The only things you can write in the margins are the file reference number (in 1 of the upper corners) and the line numbering for the clarification and claims (left margin).

Text

• The capital letters of the text should be at least 0.21 cm high. A font size of 12 pt. is usually enough (figure 3).
• The text for the description and claims should exist spaced 1.5 lines apart (except for sequence listings, tables and mathematical and chemical formulas) (figure 3).
• Use normal fonts. Avoid anarchistic or eccentric font styles and so that the Patent Function tin can reproduce it electronically.

Numbering

Number the pages of the clarification and claims in guild at the heart of the pinnacle or bottom of the folio. The page number can't be inside the margins. Yous tin number the lines of the description and of the claims in the left margin. Number each claim in guild.

Page layout

In virtually cases, the page layout is upright (portrait orientation). If it helps to nowadays the information, y'all can format the drawings, formulas and tables using a landscape orientation, with the tiptop of the figure at the left side of the page (effigy 5).

Format for drawings

The format for drawings in the application is as follows:

Paper

There tin't exist any folds or creases, erasures or underlining in your drawings considering they must be clear enough to be electronically reproduced.

The newspaper size should be either:

• 21.6 cm by 27.9 cm (8.5" x 11")
• 21 cm by 29.7 cm (A4 format)

The dimensions for the margins must also be:

• pinnacle and left: 2.5 cm
• right: i.v cm
• bottom: 1.0 cm

In the margins, the file reference number (in one of the upper corners) may be inserted.

Black and white

• Practice your drawings in black and white.
• The lines should be well defined, dense and dark and then that they tin can be accurately reproduced.
• You must employ hatching (fine, parallel lines) to prove cantankerous-sections. Be conscientious that the hatching does not mask any of your reference characters.

Proportions

Draw all the parts of the same figure in proportion to each other (i.e., do not make any part of the figure larger or smaller to highlight anything) unless a difference in proportion is needed to brand the drawing clear.

Numbers, letters and reference characters

Use reference characters similar numbers or letters to help you identify the different parts of the invention shown in the cartoon.

Use the same numbers, letters and reference characters for a particular characteristic throughout the abstract, description, claims and drawings. Any number, letter of the alphabet or reference character that does not appear in the clarification can't appear in the drawings, and vice versa.

• Utilize a reference character for each cartoon or figure besides as each part.
• Make sure the numbers for the figures are placed in order.
• Brand sure the numbers and letters are at to the lowest degree 0.32 cm high.
• Use reference characters only for the parts that you'll mention in your description. (Example: There should not exist numbered parts in the drawings that you practise not mention in the description.)
• Do not include any text with your drawings unless the reader needs the text to understand the drawings.

Assemble the drawings

You lot can place several drawings on a single page. If you have a drawing that is spread over more than 1 folio, you must arrange each part of the drawing and so that the entire cartoon can be put together without hiding any function of the drawing. You must place the drawings together at the cease of the application, after the claims.

See the example in the example patent application B.

Example patent applications

To help yous determine how to write your application, hither are 2 examples of a completed patent application:

Instance patent application A
Example patent awarding B

coughlanwitong.blogspot.com

Source: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04790.html

Share this post