Patent office forms: A checklist for patent applicants

Filing for a patent doesn’t have to be a paper chase. With the right patent office forms and legal advice, you can start your patent application with confidence and within the bounds of the law.

In this article, we will discuss what these forms are and how to apply for a patent in Canada. For more info, you can also reach out to one of our Lexpert-ranked intellectual property lawyers.

What patent office forms are needed to file a patent in Canada?

Patent office forms, which you get from the Canadian Intellectual Property Office (CIPO), are among the documents you need to file for a patent in Canada. However, there are other documents that you will need aside from these patent office forms.

Here’s a complete list of the different patent office forms and other documents required for your patent application, as imposed by the Patent Act and the Patent Rules:

1. Petition for Grant of a Patent
2. Statement of Entitlement
3. Inventor information
4. Abstract
5. Claims
6. Description
7. Patent drawings
8. Other applicable forms

We’ll discuss these forms and documents below; you can also use the table of contents to go directly to a particular form.

As a starter, watch this video from the CIPO to learn about the requirements when filing a patent in Canada:

Consult the best intellectual property lawyers in Canada as ranked by Lexpert if you have questions about your patent application.

1. Petition for Grant of a Patent

The first of the forms for your patent application is the Petition for Grant of a Patent. This document is not just your formal request when applying for a patent but also contains the basic data of the inventors and the invention.

Specifically, it shows:

• your formal request for the grant of a patent
• the title of your invention
• your name and postal address and your co-applicants if in a joint application

There are two ways to complete your petition:

• If you’re going to submit your patent application electronically, you’re going to fill out the form through your MyCIPO Patents, which will generate the Petition from the information you provided
• If you’re submitting your patent application by mail, through fax, or in person, you can download this form, fill it out, and include it in your patent application

Completing the Petition for Grant of a Patent

Here are some of the things you must consider when writing your petition:

• the appointment of the following can be made in the Petition itself:
  • common representative: if the patent application is made by joint applicants (except for a divisional application)
  • patent agent: where the agent’s consent is required, but not if the agent submitted the application
  • associate patent agent: such as in the case of a divisional application, just like in a patent agent
• divisional applications: some things to take note of in this kind of application:
  • a priority request and a small entity declaration filed with the original application still counts if the application was not withdrawn
  • the small entity declaration must be signed by any of the applicants or the patent agent
• Petitions go with the application: the petition must be included in your patent application; if using a format other than what is provided by the CIPO, the petition must be titled “Petition” or “Request”

2. Statement of Entitlement

The Statement of Entitlement must be included in your petition or in a separate document. This document tells the CIPO either that:

• you are entitled to apply for a patent
• you are the sole inventor
• you and your co-applicants are the sole inventors

3. Inventor information

The statement or your application must include your name and postal address and, in the case of a joint application, your co-applicants' names and addresses.

Just like in a Statement of Entitlement, if the inventor information is missing in your application, the CIPO will notify you and give you three months to submit it.

4. Abstract

The abstract in your application is a 150-word summary which:

• clearly describes the invention (e.g., how it works, how it can be used)
• must be in English or French and in the same language as your application
• can be read on its own and must not refer to any other part of your application
• must specify the technical field that the invention is related to

The purpose of the abstract is for searching patent databases and for the public to understand your invention. As such, the CIPO says that you should avoid any patent jargon so that your patent application can be easily understood.

Here are the rules when drafting your abstract:

• must be on a separate page from the Claims, Description, and Patent Drawings
• must have a heading that states “Abstract of the Specification”
• should not refer to any alleged merits nor to any speculative applications
• should not compare the invention with a prior art
• should not contain any drawings (which is what the Patent Drawings are for)
• may contain chemical or mathematical formulae

5. Claims

When patenting your idea, the claims document is that part of your application which will specify your invention’s elements, features, and critical aspects. In addition to the abstract and the description, it explains the invention being applied for. However, its purpose is to let others know when they are committing infringement in relation to your patented invention.

To help you create the claims form of your invention, the CIPO provides for the following considerations:

• scope: each claim must have only one meaning, that can either be broad or narrow, or can start broad while getting narrower
• characteristics: be clear, specific, and comprehensive enough to cover all the invention’s features, and for a person in a similar field to easily understand
• structure: each claim is made up of three parts:
  • preamble or introductory phrase: states the invention’s category and purpose
  • purview or body: lists the invention’s main parts
  • transitional phrase: relates the preamble to the purview

Here’s an example of a claim in your patent office forms that puts these considerations in action: “A coffee mug comprised of a built-in temperature sensor, where the sensor displays the temperature of the coffee (or any liquid) inside the mug on a digital screen attached to the handle.”

In this example, the “A coffee mug...” is the preamble, “comprised of” is the transitional phrase, while the rest is the purview or body.

6. Description

In the description, you will expound on what your invention is and how it works. It must be a complete definition of the invention, where a person in a similar field would be able to understand and use it.

Correctly describing your invention complies with the law’s proper disclosure requirement. Case law requires that your description must:

• be free from any ambiguity
• not contain misleading statements
• be full; otherwise, what is not included is not protected
• give all information so that it can be operated successfully

7. Patent drawings

If needed, your application must include patent drawings, which will explain visually how your invention works. This patent office form must be in a black-and-white style. Check out our separate article on patent drawings for more details.

8. Other applicable forms

The patent office forms below will apply only in specific circumstances. For this, it is important to consult an intellectual property lawyer, who can assess on a case-by-case basis whether you must complete any of these forms.

• Sequence listing
• Small entity declaration
• Common representative appointment document
• Agent appointment document
• Claim priority

Here’s a video tutorial from the CIPO which explains how to regularly apply for a patent using your MyCIPO Patents:

You can also check out our directory of Canada's largest firms if you’re looking for an intellectual property lawyer to help with your patent application.

How can lawyers help in patent application processes?

Lawyers play an important role when it comes to filing patent applications with CIPO, such as:

• helping inventors prepare, review, and submit the correct patent office forms and documents
• ensure that the entire application is correct
• explain what forms are needed and how to fill them out
• keep track of deadlines for filing, requesting examination, and paying fees

If the applicant is not the inventor, lawyers help prepare a clear Statement of Entitlement to show how the rights to the invention were transferred. 

In short, lawyers help inventors and companies by making sure all forms and documents sent to CIPO are complete, accurate, and on time.

Patent office forms: paperwork for your patent protection

Getting these patent office forms right is important in any Canadian patent application. With an intellectual property lawyer’s help, you can feel sure that every document meets the law's standards and deadlines. This can save you time and help you avoid common mistakes, providing more than just paperwork support.

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