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Small Entity Declaration Tool

From: Canadian Intellectual Property Office

Introduction

The Small Entity Declaration (SED) Tool provides you with information on how to submit a small entity declaration, according to the specific requirements set out in subsections 44(3) or 112(3) of the Patent Rules. Although the declaration may be submitted as part of the petition, the Patent Office encourages you to submit it as a separate document since the small entity declaration, unlike the petition, requires a signature. A statement indicating that the applicant/patentee "believes that they are entitled to pay fees at the small entity level" must also be included in the declaration. A sample declaration is included below.

The Patent Office holds the authority to refuse to recognize any previously submitted small entity declarations, i.e., those submitted prior to that do not comply with subsections 44(3) or 112(3) of the Patent Rules. The Office recommends in this case that clients submit a new small entity declaration following the requirements of subsections 44(3) or 112(3) of the Patent Rules. It is imperative that the small entity declaration be signed.

If the small entity declaration is filed as part of the petition [the small entity declaration forms part of the online downloadable petition (paragraph 7)] the petition will need to be signed.

Checklist of Requirements

Subsections 44 (3) or 112(3) a small entity declaration:

  • must be filed with the Commissioner as part of the petition or as a separate document;
  • must, if not filed as part of the petition, identify the application to which it relates;
  • must contain a statement to the effect that the applicant believes that the small entity status condition set out in subsections 44(2) or 112(2) of the Patent Rules is met in respect of that application;
  • must be signed by the applicant (or any one of the applicants, if there are joint applicants) or by a patent agent appointed in respect of that application; and
  • must indicate the name of the applicant and, if applicable, the name of the patent agent signing the declaration.

Sample declaration

The following is an example of a small entity declaration that the applicant can draft for submission. Declarations can be submitted to CIPO electronically, by mail or fax, or in person at the Client Service Centre.

If the small entity declaration is filed as part of the petition [the small entity declaration forms part of the online downloadable petition (paragraph 7)] the petition still needs to be signed.

If filed separately from the petition:

Attention: Commissioner of Patents

The [applicant— please indicate name of applicant] believes that in accordance with the Patent Rules, they are entitled to pay fees at the small entity level in respect of this application and in respect of any patent issued on the basis of this application.

[Identify the application]

Signed:

Mr. or Ms. applicant or patent agent

space to insert signature

Small Entity declarations provided by third parties requesting re-examination

A signed small entity declaration is also required of third parties requesting re-examination and paying the applicable small entity fee. Furthermore, the following definition of small entity should be used when third parties are requesting re-examination and are submitting a small entity declaration:

"small entity" means an entity that employs 50 or fewer employees or that is a university, but does not include an entity that is controlled directly or indirectly by an entity, other than a university, that employs more than 50 employees.

Checklist of Requirements :

122(4) A small entity declaration by a person, other than the patentee, requesting re-examination:

  • must be filed with the Commissioner and identify the request for re-examination to which it relates;
  • must contain a statement to the effect that the person believes that, the small entity status, in accordance with section 122(3), is met with respect of that request;
  • must be signed by the person or by a patent agent appointed in respect of that request; and
  • must indicate the name of the person requesting re-examination and, if applicable, the name of the patent agent signing the declaration.
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