The Patent Office is clarifying its practice with respect to requests to register documents relating to a patent or an application for a patent under section 124 of the Patent Rules.
In order to process the request correctly under the Patent Act and Patent Rules, applicants must clearly indicate what is being requested of the Commissioner and preferably indicate the section of the Patent Act or Patent Rules they would like the Patent Office to consider when processing the request.
A request must include the following components:
- a request to register more than 1 document
- identification of the application or patent number to which the request relates
- copies of more than 1 distinct document pertaining to the same application or patent number
- a single fee payment of $100
In the most straightforward scenario, a single registration payment would accompany a clear request for the registration of multiple and distinct related documents (section 124 of Patent Rules) in the form of a single registration. In this case, a single certificate would be produced by the Office.
In cases where a single payment has been made and it is not clear from correspondence how the multiple documents are to be registered, the Office will proceed with the registration under a single certificate. In order to avoid delays in processing a request, it is recommended that requests include clear instructions, full payment of the applicable fee(s) (or the authorization to do so) and references to the appropriate sections of the Patent Act or Patent Rules.
For information on how to record transfers, change of names and register related documents, please consult section 6.08 of the Manual of Patent Office Practice.