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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
(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:
Country of
filing
_____________
_____________ Application number
________________
________________ Filing date
________________
________________
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.
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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.
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A
Guide to Patents: Glossary
Abstract
A brief summary of an invention.
Abuse
of patent
Abusing one's patent rights by failing to make one's invention available
in Canada on a commercial scale, without adequate reason.
Canadian
Patents Database on-line
You can now do a preliminary search of patent bibliographical information
and view images for issued patents (1920 to date) and applications made
public in Canada since October 1989 via Internet.
Patent
Office
Canada's patent granting authority and disseminator of patent information.
Canadian Patent Office Record
A journal published by the Patent Office.
Claims
That part of a patent which defines the boundaries of patent protection.
Compulsory
licence
The right granted by the Commissioner of Patents to one or more parties
to produce a patented invention. These are granted, under certain circumstances
as a measure against abuse of patent rights.
Convention
priority
An arrangement which allows inventors interested in applying for a foreign
patent to have their filing date in one country recognized by other countries
that have signed an international agreement called the Paris Convention.
Copyright
Provide protection for literary, artistic, dramatic or musical works (including
computer programs), and three other subject-matter known as: performance,
sound recording and communication signal.
Drawings
Part of the patent application. Technical drawings that illustrate the
invention.
Examination
of an application
The process by which the Patent Office determines whether a patent application
warrants the granting of a patent.
Filing
date
The date a patent application is received by the Patent Office.
Filing
a patent application
Presenting a formal application for a patent to the Patent Office.
First
to file
A patent system in which the first inventor to file a patent application
for a specific invention is entitled to the patent. In Canada and in most
other countries, the first person to file has priority over other people
claiming rights for the same invention.
Industrial
design
The visual features of shape, configuration, pattern or ornament (or any
combination of these features), applied to a finished article of manufacture.
Integrated
circuit topography
The three-dimensional configuration of the electronic circuits embodied
in integrated circuit products or layout designs.
Intellectual
property
A form of creative endeavour that can be protected through a patent, trade-mark,
copyright, industrial design or integrated circuit topography.
Licensing
an invention
Allowing a business or individual to manufacture and sell an invention,
usually in exchange for royalties.
Patent
A government grant giving the right to exclude others from making, using
or selling an invention. A Canadian patent applies within Canada for
20 years from the date of filing of a patent application. The patent
application is available to the public 18 months after filing.
Patent
Cooperation Treaty
An international treaty providing for standardized filing procedures for
foreign patents in the countries that have signed the treaty.
Patent
examiner
An official with technical expertise charged with the task of classifying
a patent or an application, or of determining whether a patent application
fulfils the requirements for a grant of patent.
Patent
infringement
Making, using or selling an invention on which a patent is in force without
the inventor's permission.
Patent
Office Action
An official written communication by the Patent Office on the merits of
an application.
Patent
pending
A label sometimes affixed to new products informing others that the inventor
has applied for a patent and that legal protection from infringement (including
retroactive rights) may be forthcoming.
Patent
search
A review of existing patents. Patent searches are conducted to determine
whether an applicant can claim rights to an invention, or whether a patent
has already been issued to someone else on the same or a similar invention.
Patent infringement searches are made to ascertain whether a product or
process can be produced without having to get permission or pay a royalty.
Patent searches are also used as a form of research to gain information
on existing technology.
Preferred
embodiment
An explanation, in a patent application, of the most appropriate and useful
practical applications of an invention.
Prior
art
The body of existing patents or patent applications or any other publication
throughout the world, relevant to an application or a patent.
Prosecution
All the steps involved in following through on a patent application.
Registered
patent agent
A specialist entitled to prepare and prosecute patent applications.
Small
entity
An individual, a commercial concern of 50 or fewer employees, or a university.
Special
order examination
A request to the Patent Office for early consideration of a patent application.
Specification
Part of the patent application. It includes a detailed description of the
invention, claims specifying the aspects of the invention for which
protection is sought, and the extent of the protection being sought.
TechSource
TechSource is an electronic patent system which holds the scanned image
of over 1.5 million patent documents dating back to 1920 and the text
version of the documents from 1978.
Trade-mark
A word, symbol or design (or any combination of these features), used to
distinguish the wares and services of one person or organization from
those of others in the marketplace.
Trade
secret
Information about a product or process kept secret from competitors.
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