In order to obtain a filing date in Canada no document need be signed by the applicant. In every case, we as agents can sign all necessary papers required for a filing date.
- Items Needed to Obtain a Filing Date
- Name(s) and address(es) of applicant and inventor(s);
- The title of the invention;
- Particulars of the International Application No., International Filing Date, and Convention Priority Claim(s), if any; and,
- If the international application was published by the International Bureau in a language other than English or French, we must have an English or French translation including any Article 19 or Article 34 amendments which may have been made.
To obtain a filing date we can prepare and execute the required Request for Canadian National Phase Entry as agents for the applicant. There is no need for the applicant or inventors to sign this request, or any other application papers.
- Supplemental Materials
Please supply copies of the following items for our file:
- PCT request;
- International application (including abstract, disclosure, claims and drawings) as originally filed;
- International search report;
- Article 19 amendment(s) (if any);
- Pamphlet cover sheet, as published by WIPO;
- Demand for international preliminary examination;
- International preliminary examination report; and,
- Article 34 amendment(s) (if any).
- Other Matters
The points discussed in the Filing Information for Patents under “Title Documents”, “Novelty Requirements”, “Small Entity Status”, “Request for Examination” and “Maintenance Fees” apply generally to PCT cases entering the Canadian national phase. Please bear in mind that a PCT case which enters the Canadian national phase is deemed to have been filed in Canada on the international filing date. Thus, the request for examination is due within five years of the international filing date; and the first maintenance fee is due as of the second anniversary of the international filing date, etc.
For more information please contact us.