Writing a patent application (page 7 of 8)


Your petition is your formal request for a patent. It states your name and address, the title of the patent, and information about priority, patent agents and representatives, and more.

Here are some general instructions for each section of your petition:

Section 1

In this section, you ask for 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 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 you are the only inventor, then the application must have 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 give the name and address of the inventor and say 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. Many applicants will not need to use this section.

Section 5

If you have chosen a patent agent to assist you, this section is where you write their name and address. Follow the same format as outlined in Section 1. The agent should be registered. You can also appoint an agent at a later date.

Section 6

If you are an individual or a small business of 50 people or fewer, you can claim small entity status, and your filing fee and other fees will be lower.

In addition to claiming small entity status, you must file a signed small entity declaration that conforms to section 3.01(1) of the Patent Rules. You can provide the small entity declaration in Section 7 of the petition or in a separate document. (Please see the small entity declaration tool.)

Section 7

In this section, you can say which drawing you would like to present with the abstract.

Just below Section 7 is a signature line, which you may use to conform with section 3.01(1)(e) of the Patent Rules (see Section 6, above).

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