Petition
We recommend that you use the Form 3 to prepare your petition if you are applying in Canada. The form is divided into several sections, some of which may not apply to your application.
Here are some general instructions for each section:
Section 1
In this section, you request a patent. If you are the applicant, this section also includes your name, your complete address, and the title of your patent. You have to type the names in the following order with a space or separator between the elements: Family name in capital letters, given name(s), initial(s), (or firm name), street name and number, city, province or state, postal code, telephone number, fax number, and country.
Section 2
This section does not apply to new applicants.
Section 3
This section is the Statement of Legal Representative.
If the applicant is the sole inventor, then the application must contain a statement to that effect, i.e., Section 3(1) is included.
If, however, the applicant is not the same as the inventor, then the application must contain a statement indicating the name and address of the inventor and a statement to the effect that the applicant is the legal representative of the inventor, i.e., Section 3(2) is included.
Section 4
In this section, you request a priority date based upon an application you have already filed. (See About priority dates.)
Section 5
This section applies to those who are not Canadian residents and who do not carry on business in Canada. In this case, you have to appoint a Canadian resident as your representative. Indicate their name and address, and follow the same format as outlined in Section 1.
Section 6
If you have selected an agent to assist you, then this section is where you indicate her/his name and address. Follow the same format as outlined in Section 1. The agent should be registered; you can contact the Patent Office for a list of registered agents. You can also appoint an agent at a later date.
Section 7
If you are an individual or a small business of 50 people or less, you can claim small entity status and your filing fee and other fees will be less.
Note: In addition to claiming small entity status, the applicant or patentee must file a signed small entity declaration compliant with section 3.01(1) of the Patent Rules. The small entity declaration may be provided in section 7 of the petition or in a separate document. (Please see the small entity declaration tool)
Section 8
In this section, you can specify which representative drawing you would like to accompany the abstract.
Note: Just below Section 8, there is a signature line provided, which may be used to comply with Section 3.01(1)(e) of the Patent Rules (see Section 7, above).