A Guide to Patents: Appendix II - Filing an Application

The Patent Office does not have blank forms for distribution. However, any forms that may be required under the Patent Rules should be typed according to the samples shown in Schedule I of the Patent Rules. Reproduced from the Patent Rules and shown below is the form most frequently used by applicants.

Form 3

Printable versions available: |RTF|  [PDF 5.2KB]

(Subsection 27 (2) of the Patent Act)

Petition for Grant of a Patent

1. The applicant, ____________________, whose complete address is ________________, requests the grant of a patent for an invention, entitled ___________________, which is described and claimed in the accompanying specification.

2. This application is a division of application number ________________, filed in Canada on _______________.

3.(1) The applicant is the sole inventor.
   (2) The inventor is __________________, whose complete address is ______________, and the applicant owns in Canada the whole interest in the invention.

4. The applicant requests priority in respect of the application on the basis of the following previously regularly filed application:

5. The applicant appoints ___________________, whose complete address in Canada is __________________, as the applicant's representative in Canada, pursuant to section 29 of the Patent Act.

6. The applicant appoints _________________, whose complete address is _________________, as the applicant's patent agent.

7. The applicant believes that the applicant is entitled to claim status as a "small entity" as defined under section 2 of the Patent Rules.

8. The applicant requests that Figure No. _______________ of the drawings accompany the abstract when it is open to public inspection under section 10 of the Patent Act or published.

Instructions

In section 1, subsection 3(2) and sections 5 and 6, names and addresses must be presented in the following order with a clearly visible separation between the various elements: family name (in capital letters), given name(s), initials, or firm name, street name and number, city, province or state, postal code, telephone number, fax number and country.

In sections 5 and 6, appointment of representatives and appointment of patent agents may also be done in a separate document.

The applicant shall include in the petition either subsection 3(1) or (2).

Requests for priority may be done in section 4 of the petition or in a separate document.

A Guide to Patents
| Table of Contents | Patent Protection |
| Patent Information | Appendix I - Format of the Application |
| Appendix II - Filing an Application | Glossary |