Alberta - Filing a Canadian patent

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Procedure

Apply In-Person:

1. To apply for filing a Canadian Patent in person, the applicant has to visit the headquarters of the Canadian Intellectual Property Office.
2. Address and contact details of the office can be found in following Contact link
3. Initially, the applicant has to prepare an application manually for filing a Canadian Patent.
4. The application should contain the applicant’s information, a description of the invention and all other information related to the invention.
5. Then, the applicant should complete the Petition for Grant of Patent form Petition form
6. Once completed, the application and the petition form should be submitted along with all the documents listed in the “Required Documents” section of this page, to the relevant official.
7. The applicant should also complete the Fee form and submit it along with the application Fee form
8. Then, they should pay the required application fees through credit card, CIPO deposit account, cheque/money order, wire transfer or debit card (only at headquarters).
9. During the application submission process itself, the applicant should make a request for the examination of the application in a prescribed format and pay the required examination fees.
10. Complete fees details can be found in the “Fees” section of this page. Only after making an examination request, the application will be examined and the pending issues will be resolved.
11. The applicant must properly respond to the correspondences from the office regarding the application.
12. If the patent application is allowed, the applicant will be sent a notice of allowance that will ask for the final fee, as well as an excess page fee of $6.12 for each page of the specification and drawings after 100 pages.
13. It should be paid through any of the methods mentioned above. Once, the patent is ready, the office will inform it through a letter to the applicant through email or regular mail.
14. The letter will include a link to the patent download page and a special code that will allow the applicant to download the patent.

Apply online:

1. To file a Canadian patent online, the applicant has to visit the following Apply online
2. Visit the link and click the “e-filing” button. In the next page, two secure login provider links will be available.
3. Using GC Key
   • If the applicant wishes to proceed using GC Key, they should click “GCKey” button and sign in page will be opened.
   • Enter the user details in the respective fields, then click “Sign In” button, if the applicant already has an account.
   • If not, click the “Sign Up” button to create an account. Click “I accept” button and type an appropriate username in the next tab.
   • Click “Continue” button and create a password for the account in the next tab, then click “Continue” button.
   • Create Recovery Questions, Answers and Hints in the next page and click “Continue” button. Click “I agree” button in the next page.
   • In the next page, there will be two options to help verify the applicant’s identity. Select an applicable option.
4. Using bank account/sign-in partner
   • If the applicant wishes to proceed using Sign-in partner, they should click “Sign-In Partner” button and sign in page will be opened.
   • List of financial Sign-In Partners will be displayed in the link, select one among them in which the applicant have subscribed online banking.
   • Respective online banking portal will be opened, login into it using the user credentials.
   • After logging in, there will be two options to help verify the applicant’s identity. Select an applicable option.
5. Once the applicant has signed in with GC Key and verified his/her identity, the applicant will be directed to create the profile.
6. Follow the onscreen instructions and complete the profile creation. Proceed to sign in using the Username and Password.
7. After profile creation, the applicant has to locate the applicable option to file a patent. The online application will be opened.
8. Complete the online application with respect to the requirement by providing the necessary details and information.
9. Once completed, submit the application by clicking the applicable button. Also, pay the application fees by following the onscreen instructions.
10. The applicant should also request examination and pay the required examination fees while filing the application, by following the onscreen instructions.
11. Complete fees details can be found in the “Fees” section of this page. Only after making an examination request, the application will be examined and the pending issues will be resolved.
12. The applicant must properly respond to the correspondences from the office regarding the application.
13. If the patent application is allowed, the applicant will be sent a notice of allowance that will ask for the final fee, as well as an excess page fee of $6.12 for each page of the specification and drawings after 100 pages.
14. It should be paid through any of the methods mentioned above. Once, the patent is ready, the office will inform it through a letter to the applicant through email or regular mail.
15. The letter will include a link to the patent download page and a special code that will allow the applicant to download the patent.

Apply through mail:

1. To apply for filing a Canadian Patent through mail, the applicant has to send an application to the mailing address of the headquarters of the Canadian Intellectual Property Office.
2. Address and contact details of the office can be found in following Contact link
3. Initially, the applicant has to prepare an application manually for filing a Canadian Patent.
4. The application should contain the applicant’s information, a description of the invention and all other information related to the invention.
5. Then, the applicant should complete the Petition for Grant of Patent form Petition form
6. Once completed, the application and the petition form should be sent along with all the documents listed in the “Required Documents” section of this page, to the above-mentioned mailing address.
7. The applicant has to complete the Fee form and send it along with the application Fee form
8. Then, they should pay the required application fees through credit card, CIPO deposit account, cheque/money order, wire transfer or debit card (only at headquarters).
9. During the application submission process itself, the applicant should make a request for the examination of the application in a prescribed format and pay the required examination fees.
10. Complete fees details can be found in the “Fees” section of this page. Only after making an examination request, the application will be examined and the pending issues will be resolved.
11. The applicant must properly respond to the correspondences from the office regarding the application.
12. If the patent application is allowed, the applicant will be sent a notice of allowance that will ask for the final fee, as well as an excess page fee of $6.12 for each page of the specification and drawings after 100 pages.
13. It should be paid through any of the methods mentioned above. Once, the patent is ready, the office will inform it through a letter to the applicant through email or regular mail.
14. The letter will include a link to the patent download page and a special code that will allow the applicant to download the patent.

Apply through fax:

1. To apply for filing a Canadian Patent through fax, the applicant has to send an application to the mailing address of the headquarters of the Canadian Intellectual Property Office.
2. Fax number of the office can be found in following Contact link
3. Initially, the applicant has to prepare an application manually for filing a Canadian Patent.
4. The application should contain the applicant’s information, a description of the invention and all other information related to the invention.
5. Then, the applicant should complete the Petition for Grant of Patent form Petition form
6. Once completed, the application and the petition form should be sent along with all the documents listed in the “Required Documents” section of this page, to the above-mentioned fax number.
7. The applicant has to complete the Fee form and send it along with the application Fee form
8. Then, they should pay the required application fees through credit card, CIPO deposit account, cheque/money order, wire transfer or debit card (only at headquarters).
9. During the application submission process itself, the applicant should make a request for the examination of the application in a prescribed format and pay the required examination fees.
10. Complete fees details can be found in the “Fees” section of this page. Only after making an examination request, the application will be examined and the pending issues will be resolved.
11. The applicant must properly respond to the correspondences from the office regarding the application.
12. If the patent application is allowed, the applicant will be sent a notice of allowance that will ask for the final fee, as well as an excess page fee of $6.12 for each page of the specification and drawings after 100 pages.
13. It should be paid through any of the methods mentioned above. Once, the patent is ready, the office will inform it through a letter to the applicant through email or regular mail.
14. The letter will include a link to the patent download page and a special code that will allow the applicant to download the patent.

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Required Documents

• Completed Petition form
• Statement of Entitlement
• Inventors’ proof of Identity
• Inventors’ proof of residence
• Application letter containing the following articles:
  • Abstract of invention
  • Scope and claims
  • Description about the invention
  • Drawings for inventions
  • Sequence listing
• Proof of payment or Cheque/money order

Office Locations & Contacts

Canadian Intellectual Property Office,
Place du Portage I,
50 Victoria Street, room C-229,
Gatineau,
QC K1A 0C9
Telephone: 1-866-997-1936 (Canada and the United States), 1-819-934-0544 (International)
TTY: 1-866-694-8389
Email: ic.contact-contact.ic@ised-isde.gc.ca
Website
Contact link

Eligibility

• Any owner of a company/corporation/organization, who needs to obtain patent for their invention, can apply.
• Any registered patent filing agent can also apply, on behalf of an inventor.

Fees

• Fees details can be found in the following Fees
• Fees can paid through credit card, CIPO deposit account, cheque/money order, wire transfer or debit card (only at headquarters).

Validity

• Canadian patents are granted for a period of 20 years.

Documents to Use

• Petition form Petition form

Sample Documents

• Please visit the following link for sample patent Sample

Processing Time

• Refer the following link for service standards Processing time

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Instructions

• Note that the invention must be new, useful and innovative. Inventions like Products, Compositions, machine, processes and an improvisation on any of these, can be patented.
• The applicant should do research on their invention to find out if it has been patented already. For some fields, non-patent databases may be even more important.
• The applicant must hire an agent if their application is filed by someone other than the inventor or if there is more than one inventor and the application is not filed jointly by all of the inventors or a transfer of the application had been recorded with the office.
• To find a licensed patent agent, visit Patent agents
• Refer for more Instructions

Required Information

• Company and owner details
• Address details
• Address for service
• Association number
• Details of the invention
• Identification document number
• Contact details of the applicant
• Passport number
• Director’s details
• Details of the representative/agent
• Banking details

Need for the Document

• The patent, granted by the Canadian Government is required to authorize, recognize and legalize the right of an inventor on his/her inventions and right to stop others from making, using or selling that invention.

Information which might help

• Refer for more information Process description

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

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Others

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