File canada patent

Example of a broad claim claim 1 Example of a narrower claim claim 8 In patent application B , the first claim keeps getting referred to by later claims. Example In the following example, "A data input device" is the preamble, "comprising" is the transitional phrase, and the rest of the claim is the body.

File a Canadian patent application: Complete your application 1. Before you start 2. Get a filing date 3. Complete your application 4. Submit the completed application 5. Request examination 6. Examination and allowance or rejection 7. Pay the final fee 8. Download your patent 3.

Abstract The abstract is a short summary words or fewer that describes your invention and says how it can be used. In your abstract: Describe the main parts of your invention and how they work Avoid referring to any claims, or other parts of your application.

Since your abstract may be read on its own, the reader will not understand if you discuss other parts of your application. Write your abstract so that those with a background in the field can easily understand it. Manual of Patent Office Practice references Chapter 13 Abstracts Claims The claims you make in your application are the legal foundation that protects your invention. Scope Each claim should have only 1 meaning, which can be either broad general and high level or narrow more specific , but not both at the same time.

Characteristics When you are writing your claims, make sure that they are: clear —so that you do not cause the reader to wonder about the claim avoid using words such as "thin," "strong," "a major part," "such as" or "when required" as these words force the reader to make a judgement based on their opinion rather than on objective observation: be specific complete —so that it covers an inventive feature and has enough 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 single sentence statement made up of 3 parts: Preamble or introductory phrase The preamble names the category of the invention, and sometimes the purpose for example, a machine for waxing paper, a composition for fertilizing soil.

Purview or body The purview lists the main parts of the invention, such as parts of a device, steps of a process or method, ingredients of a composition or groups in the chemical formula of a compound.

Transitional phrase The transitional phrase describes how the body of the claim relates to the introductory phrase. It helps assess the scope of the claim as the phrase can be restrictive or permissive in nature. It 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 data input device" is the preamble, "comprising" is the transitional phrase, and the rest of the claim is the body.

Start with general background information and then move on to more detailed information about your invention and its parts. Any changes that you make must be in line with what was originally there.

Nothing new can be added. Your drawing must: show every feature of the invention defined by the claims follow the Canadian Intellectual Property Office's standards for page size and quality of paper Do not submit models and specimens of your invention.

Manual of Patent Office Practice references Chapter 15 Drawings Sequence listing if applicable If your description contains the sequence of a new protein or nucleic acid, your application must contain a sequence listing. Your application may include the following Small entity declaration if applicable A small entity declaration is a declaration that you are a small entity.

Learn more about small entity conditions subsection 44 2 of the Patent Rules Small entities are: organizations with 50 or fewer employees universities All fees are reduced for small entities. Small entity declaration tool Common representative appointment document if applicable If there is more than 1 applicant, the applicants can appoint a common representative from among the applicants.

To appoint a common representative, include a statement that clearly appoints a common representative in either of the following: your petition unless your application is divisional a separate document signed by all applicants Agent appointment document if applicable You must hire a patent agent if: the application is filed by someone other than the inventor there is more than 1 inventor and the application is not 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 following: your petition a separate document signed by the applicant, or if there are joint applicants, the common representative.

Claim priority If you have previously filed an application for the same invention, you can claim priority to that application. To claim priority, provide the following information about the previously filed application in the petition or in a separate document: the application number the country or office of filing the filing date If the previously filed application is not a Canadian application, you must provide: a copy of the previously filed application a certificate showing the filing date, or access to the previously filed application in the World Intellectual Property Organization's Digital Access Service by providing the access code Application formatting requirements Expand all Collapse all Format for text The format for the application text is as follows: Paper Use good quality white paper that is either Do not crease or fold the paper.

Your application should not show any interlineations, cancellations or corrections. Margins Use the following margin dimensions figure 2 : top, bottom and right: 2. Text The capital letters of the text should be at least 0. A font size of 12 pt. The text for the description and claims should be spaced 1.

Use normal fonts. Submit the completed application Once you have prepared your application package and made sure it meets our requirements, you are ready to submit your application and pay your fees. On this page Fees Submit If you are already familiar with the process: e-filing if you have not filed yet Patent general correspondence if you have already filed Fees Application fee and late fee If you did not pay the application fee when you filed 2.

Pay maintenance fees Accepted forms of payment To pay your fees online, you can only use: a credit card paid during online application process your Canadian Intellectual Property Office CIPO deposit account Online payments are processed Monday to Friday from am to pm ET.

How to submit in person Bring your application and fees to a designated regional establishment office. How to use the Fee form Pay your fees at our headquarters or a designated regional establishment office.

How you pay your fees You must include a Fee form with your application How to use the Fee form Complete your Fee form and fax it to either of the following numbers: Fax: Note : Do not send a hard copy by mail, because this could result in you making 2 payments. Manual of Patent Office Practice references 2. File a Canadian patent application: Submit the completed application 1.

Before you start 2. Get a filing date 3. Complete your application 4. When you invent a process or a product that you feel is worthwhile, you'll want to get a patent for it.

Otherwise, your rights to the invention are not protected. Someone else could invent the same thing and get a patent on it, effectively preventing you from using your invention. If you get a patent for your invention, though, you will have the exclusive right to make, use or sell your invention in Canada. Note, however, that successfully acquiring a Canadian patent does not protect your rights in other countries.

As patent law is national, you need to get a patent in each country where you want your rights to be protected. There are basically four steps to getting a patent in Canada:. Looks simple, doesn't it? But unfortunately, getting a patent is one of those "there's plenty a slip between the cup and the lip" situations that are quite a bit more complicated than it looks at first glance. So let's look at how to patent your idea in more detail.

You can't patent something that's already been patented, so the first step to getting a patent is to do a patent search. Go to the Canadian Patents Database to do a preliminary patent search. As the Database will let you access over 75 years of patent descriptions and images, this may be as far as your patent search has to go. Many potential patent applications end here when people find that their invention is already patented. There are two main parts to a patent application; the abstract and the specification.

The abstract is a brief summary of the specification. The specification is made up of a clear and complete description of the invention and its usefulness, and claims that define the boundaries of patent protection. A patent application also often includes drawings. The challenge, explains the Canadian Intellectual Property Office, "is to draft the claims so your invention is defined broadly enough to provide maximum protection while at the same time being specific enough to identify your invention by making sure it is different from all previous inventions.

They provide a very useful Tutorial on Writing a Patent Application which explains how to write each section of the patent application.

The Canadian Intellectual Property Office highly recommends engaging the services of a registered patent agent to complete and follow through on your patent application.