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Recording Assignments/Transfers And Changes Of Name In Canada Are Now Less Onerous

Contributor.

On October 30, 2019, a number of significant amendments to the Canadian Patent Act and Patent Rules came into force, which include amendments affecting the procedures for registering assignments and changes of name. Under the new regime, the term "transfer" replaces "assignment" and the term "record" replaces "register".

Recording a change of name or a transfer with the Canadian Intellectual Property Office (CIPO) for a patent or application is not mandatory , but there are still good reasons to do so. It is also important to ensure that patents issue to the correct entity and CIPO's records provide accurate ownership information to the public.

Recording transfers with CIPO is especially important because section 49(4) of the Patent Act provides that a patent transfer not recorded with CIPO is void if a subsequent transferee records a transfer with CIPO. The previous version of this section specifically included applications, whereas the current version explicitly includes patents but does not reference applications. This wording change would seem to suggest that this rule no longer applies to patent applications.

Recording Transfers

Under the previous version of the Patent Act , to register an assignment the applicant or patentee was required to request registration of an assignment, provide a copy of the assignment document, and provide an affidavit or other proof that the assignment was signed and executed.

Under section 49 of the new Patent Act and section 126 of the new Patent Rules an applicant or patentee no longer has to provide evidence of a transfer or a copy of an assignment to record a transfer. However, where the transferee alone requests the recording of a transfer, evidence of the transfer is still required. A copy of the document effecting the transfer along with one of the following documents is considered satisfactory evidence of the transfer:

• A signed statement from the transferee stating that to their knowledge, the document effecting the transfer has been signed and executed by all parties;
• An affidavit, or other proof to the satisfaction of the Commissioner, from a witness stating that to their knowledge, the document effecting the transfer has been signed and executed by the assignor;
• The signature of a witness or the presence of a corporate seal on the document effecting the transfer;
• A document showing that the transfer was registered in a patent office of another country.     

Additionally, section 49(5) of the amended Patent Act allows the Commissioner of Patents to remove a recorded transfer where it receives satisfactory evidence the transfer should not have been recorded. The Patent Act does not specify what is considered satisfactory evidence; however, section 49(6) of the Patent Act specifies that the Commissioner may not remove the recording of a transfer only because the transferor previously transferred the patent to another person. The use of the term "patent" with no reference to applications in this section again seems to indicate that this limitation does not apply to patent applications.  

Recording Changes of Name  

Under the previous version of the Patent Rules , to register a change of name on a patent or application, an applicant or patentee had to request the registration of a change of name and submit evidence showing the change of name occurred, specifically a statutory declaration, affidavit, or copy of the change of name document. Under section 125 of the amended Patent Rules an applicant or patentee can now request a change of name without submitting evidence of the name change.

Amendments to the Patent Act and Patent Rules have made the procedure for recording a transfer or change of name less onerous for applicants and patentees.

Content shared on Bereskin & Parr's website is for information purposes only. It should not be taken as legal or professional advice. To obtain such advice, please contact a Bereskin & Parr LLP professional. We will be pleased to help you.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Assignment Center has replaced the Electronic Patent Application System (EPAS) and Electronic Trademark Assignment System (ETAS). Assignment Center makes it easier to transfer ownership or change the name on your patent or trademark registration. 

See our how-to guides on using Assignment Center for   patents  and  trademarks . If you have questions, email  [email protected]  or call customer service at 800-972-6382.

Patents Assignments: Change & search ownership

Change of owner (assignment) and change of owner name.

During examination of a patent application or after the patent is granted, the owner of the patent may:

• Transfer ownership to another entity or party through an "assignment;" or
• Retain ownership but change their name.

The original owner should record the assignment or name change with the USPTO's Assignment Recordation Branch by going to Assignment Center and filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.

Change Ownership - Assignment Center

Use Assignment Center to file a Patent Assignment Recordation Cover Sheet and attach the supporting legal documentation as a black-and-white TIFF or PDF file. You may email questions about filing patent assignments to [email protected] .

Patent Assignment Search

Use  Patent Assignment Search  to search the database of all recorded Patent Assignment information from 1980 to the present (Patent Assignments recorded prior to 1980 are maintained at the National Archives and Records Administration). You may email questions about searching patent assignments to [email protected] .

For further information, you may contact the Assignment Recordation Branch Customer Service Desk at 571-272-3350 from 8:30 am – 5:00 pm Eastern Time.

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Intellectual Property Transactions in Canada: Overview

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Statement of Entitlement

Each applicant must file with CIPO a statement of entitlement.

The statement of entitlement is a formal document which confirms the applicant’s entitlement to apply for the patent.  It will remain on the file and thus must be accurate and complete.

However, minimal formalities apply to the statement of entitlement. It is a simple statement –

• Signed by the applicant (or authorized signing officer of the applicant in the case of a corporation) which states that the Applicant is entitled to file the application will meet the requirements.
• The signature should be witnessed. Any adult can serve as the witness.
• Notarization of the Statement of Entitlement is not required.

An original of the Statement of Entitlement is not required – a scan or good quality photo sent by email is sufficient.

A sample Statement of Entitlement appears below.  You do not need to prepare this form – we prepare and send our clients all necessary forms for their applications.

SAMPLE STATEMENT OF ENTITLEMENT

BEFORE THE CANADIAN INTELLECTUAL PROPERTY OFFICE

Applicant(s): _____________________________

Inventor(s): _____________________________

Title: _____________________________

PCT No.: _____________________________

PCT Filing Date: _____________________________

Priority:: _____________________________

Statement of Entitlement The applicant(s) is/are ___________________________, whose full post office address(es) is/are ___________________________, and the applicant is entitled to apply for a patent for the subject invention. Dated at (place of execution; city/state/country) _________________________________, this ____________ day of ______________________________, 20__.

Signature: _____________________________ (Authorized Signatory of the Applicant)

Name: ________________________________

Title: _________________________________

Signature: _____________________________

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Home Legal Answers Intellectual Property Patents Assigning and licensing a Patent or a Patent application

Assigning and licensing are two different ways that inventors can profit from their patents. The process of assigning or licensing a patent or a patent application is usually complicated. To make sure that your rights are protected, you should contact a patent lawyer to advise you about assigning or licensing your patent or patent application. You should also have your lawyer review the agreement before you sign it.

Assignments

An assignment is the sale of your ownership of all or some of a patent. When you assign your invention you give up rights as the inventor. A benefit of assigning your patent is that you could make an immediate profit without worrying about whether the invention will be a success in the market. You can assign a patent or even a patent application. Assignments must be made in writing. Any changes in ownership should be registered with the Patent Office at the Canadian Intellectual Property Office (CIPO) by completing a Request for the Registration of a Transfer . This will protect your legal rights and you will be able to bring a lawsuit against anyone who uses your potential invention without your permission.

A written assignment in front of witnesses is recommended. Failure to record a transfer can lead to complications and disputes over ownership. If a patent transfer has not been recorded and another party subsequently acquires the patent and records this secondary transfer, the person who records the transfer first will have a stronger claim to ownership.

Patents can be co-owned. A co-owner can sell their entire interest without the consent of the other co-owners, as long as the other co-owner’s rights are not impacted. A written agreement addressing each co-owner’s rights and obligations is advisable.

Licensing gives someone other than the inventor permission to do, for example, one or more of making, using and selling the patented invention while the inventor maintains ownership of the patent. In most cases, the owner of the invention will charge a fee and/or royalty for granting someone a license. If you are involved in a licensing arrangement, you should make sure that the agreement is in writing and that it includes the time limits of the license and the fees or royalties to be paid. Licenses should also be registered with the Patent Office.

There are government fees for filing an assignment or a license of a patent with the Patent Office. For more information and current government fees, refer to the  Canadian Intellectual Property Office .

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Canadian Patents: What to Keep in Mind One Year After the Coming into Force of the New Rules?

The first anniversary of the entry into force of the new Canadian Patent Rules , which significantly changed certain practices surrounding the filing and prosecution of patent applications in Canada, is an opportunity to look back at the major changes that have had a significant impact on Canadian patent practice. Indeed, the past year has allowed us to observe the changes, which in certain aspects seem to be confusing for patent applicants, and to observe their effect in practical terms. We discuss below the scope of some of the legislative amendments that came into force on October 30, 2019 , to clarify such issues and assist patent applicants in Canada.

Things are moving faster

Under the new Rules , the time limit for filing a request for examination has been reduced from 5 years to 4 years, and the time limit for responding to an examination report is now 4 months instead of 6 months, thus shortening the process of obtaining a patent in Canada. Although there are mechanisms to extend these time limits by a few months, they result in additional costs to patent applicants and may also jeopardize priority examination procedures under paragraph 84(1)(a) of the Patent Rules . As a result, we have noted a generally accelerated pace of examination over the past year. 

Time is running out for “latecomers”

Canada was for a long time one of the only jurisdictions where it was possible to defer entry into the national phase until the 42 nd month after the priority date as a matter of right by simply paying a late filing surcharge. However, under the new Rules , PCT applications will only be eligible for so-called “late” national phase entry if the failure to meet the initial 30-month deadline occurred despite "due care" (a suitable explanation will be required to demonstrate such a showing of due care). It is important to note that PCT applications with an international filing date (not a national phase entry date) prior to October 30, 2019 are subject to the old Rules in this respect, and therefore ”late” national phase entry in Canada between the 30 th and 42 nd month following the priority date is still possible for such PCT applications by paying the surcharge, without justification.

Patent applicants would be advised to identify their pending PCT patent applications that are still eligible for “late” national phase entry under the old Rules , and file in Canada before the 42 nd month expires in those cases where protection in Canada is desired. 

Stricter deadlines for examination requests and maintenance fees – be careful

Under the old Rules , for most of the time limits set by the Patent Act or the Commissioner of Patents, failure to meet such a time limit triggered a further 12-month period to fulfil the requirement in question via the abandonment and reinstatement system (applications), or the late payment of maintenance fees system (patents). Under the new Rules , this additional 12-month period no longer applies in cases of failure to meet the deadline for requests for examination and maintenance fees. However, the new system offers additional protection to applicants since failure to comply with the time limits for these actions triggers the issuance of a CIPO notice requesting the completion of the required action within a new time limit (usually 2 months). However, a “due care” requirement comes into effect after the expiry of the period specified in the notice or six months after the initial missed deadline, whichever is later. In addition to the “due care” requirement, third party rights may apply during the abandonment period. This leads to situations where a patent application is abandoned for two different reasons, with different deadlines and requirements for reinstatement, increasing the risk of confusion for applicants.

Consider a hypothetical case where an applicant who was unsure whether they wanted to pursue a patent application decided to allow the application to become abandoned by not responding to an examination report by the November 1, 2019, deadline, and to retain the option of reinstatement the following year. In this now abandoned application, the applicant also did not pay the maintenance fee initially due on December 1, 2019, triggering a 6-month delay to pay the maintenance fee and a late fee. Non-payment of the maintenance fee and late fee by June 1, 2020 would thus result in a second reason for abandonment. However, in October 2020, the applicant finally decided to continue with the application, and to respond to the examination report with a request for reinstatement and payment of the reinstatement fee, thereby removing the first reason for abandonment. However, for the second reason for abandonment, the request for reinstatement must also include a statement that the non-payment of the maintenance fee and late fee within the prescribed time limit occurred despite the fact that the applicant exercised “due care” in attempting to make the payment.

It is therefore important that patent applicants who deliberately abandon an application, but wish to retain the possibility of reinstatement at a later date, be well aware of the “due care” requirement and of the third party rights that may apply in certain circumstances, including ensuring that the time limits for requests for examination and maintenance fees are respected in order to avoid loss of rights.

Manage your priorities well

You are now required to file a certified copy of any priority application, or to refer to a digital library providing access to this document (CIPO accepts the “WIPO-DAS” code assigned to a priority application in this regard). For Canadian applications resulting from PCT applications, if the PCT requirements for a certified copy in the international phase have been met, it is not necessary to resubmit a certified copy upon entry into the Canadian national phase. However, for Canadian applications with a priority claim under the Paris Convention, the certified copy or digital library reference must be filed within 4 months of filing or 16 months of the priority date, whichever is later.

Also, it is now possible to restore the priority of a Canadian application within 14 months of the priority date where the failure to file an application within the prescribed 12-month period was unintentional. The time limit for requesting restoration of priority is two months from the filing date for non-PCT filings, and one month from the national phase entry date for PCT filings.

No longer lost in translation – more flexibility for non-PCT filings

Prior to October 30, 2019, it was required to submit a patent application in one of Canada’s two official languages (English/French) and pay the prescribed filing fee at the time of filing to get a filing date in Canada for both non-PCT filings and PCT national phase entries. Under the new Rules , and only for non-PCT filings, it is possible to file an application in a language other than the two official languages and/or not to pay the prescribed fee at the time of filing. In such cases, CIPO will issue a notice requiring that a French or English translation of the application be provided and/or that the filing fee be paid within a specified period of time.

This flexibility for non-PCT filings does not apply to filings based on PCT applications. For national phase entries of a PCT application filed in a language other than English or French, applicants must ensure that they have a translation of the application on hand at PCT national phase entry in Canada.

Registration of documents and transfers

It was previously necessary to register a copy of a document evidencing a transfer of rights (e.g., an assignment) and pay a registration fee in order to effect a change in ownership of a patent application or patent. However, under the new Rules , the registration of a transfer of ownership and the registration of evidence of the transfer (e.g., a signed transfer document) are separate actions for which separate fees must be paid. It is important to note that the mere registration of a document evidencing a transfer only results in that document being recorded, but is not treated as a request to record a transfer.  

It is also important to note that former section 51 of the Patent Act— which provided that any assignment is void against any subsequent assignee, unless the assignment is registered as prescribed by those sections, before the registration of the instrument under which the subsequent assignee claims—has been repealed and replaced by subsection 49(4), which in turn refers only to transfers of patents. Thus, the priority is to record the transfer .

In light of this, it is strongly recommended that patent applicants and patent holders promptly register any transfer of rights with CIPO in order to update their Canadian file and to prevent any subsequent and illegitimate transfer registration in favour of a third party.

If you have any questions or require further information on these or any other aspects of Canadian patent practice, feel free to contact a member of our team !

Alain Dumont

Serge Shahinian

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• Patent fees

Fees associated with filing patent applications in Canada as well as other patent fees are available in the fee calculator .

• Term for filing a patent application in Canada

The term for filing a patent application in Canada claiming conventional priority is 12 months from the priority date. Restoration of the right of priority is possible within 2 months from the missed deadline, provided that the filing date of the pending application is on or after 30 October 2019. Request for restoration must be accompanied by a statement that the failure to file within 12-month priority period was unintentional.

• Filing requirements in Canada

Canadian patent applications may be filed either in English or French, but the language of filing must be consistent throughout the application. To obtain the filing date, the description may be provided in any language, however, it is necessary to submit the translation into English or French within 2 months from the corresponding notice. 

To obtain a filing date it is necessary to provide the Canadian Patent Office with: - a request to grant a patent; - name and address of the applicant; - document that appears to be a description in any language; - signed small entity declaration, if applicable.

A certified copy of the Priority Document must be filed by the later of 16 months from the earliest priority date or 4 months after the filing date in Canada, or the priority application must be made available in a digital library and the Canadian Intellectual Property Office must be informed of its availability by the aforementioned deadlines. Translation of the priority application is not required but may be requested by the Office.

No Power of Attorney is required when filing a patent application in Canada.

If the applicant is the inventor, the application must contain a statement to that effect. If the applicant is not the inventor, the application should include a statement indicating the name and address of the inventor and either a declaration that the applicant is the legal representative of the inventor or a declaration as to the applicant’s entitlement to apply for and be granted a patent.

• Examination of a Canadian patent application

Patent applications in Canada undergo formal and substantive examinations. The substantive examination must be requested within four years from the filing date in Canada. There is no prescribed form for the examination request. It is also possible to request an accelerated examination under  PPH .

Once the examination is started, an examiner can send up to three reports in total. Then, after the third report, the applicant should request continued examination. Two more reports can be issued during the continued examination. The applicant must repeat the process and pay the fee for further reports in case of issuance thereof. The number of requests to be filed for continued examination has no limit. If the examiner and applicant cannot reach an agreement, the examiner may issue a Final Action to reject the application. The applicant can respond with arguments and amendments, but if the examiner finds these insufficient, a Summary of Reasons for rejection will be issued, and the application will be referred to the Patent Appeal Board for review.

• Novelty grace period

In order to preserve novelty in the invention, a patent application in Canada must be filed within 12 months of the earliest public disclosure of the invention that was made by the applicant or by another person who obtained information on the invention directly or indirectly from the applicant. Once the 12-month grace period ends, the invention becomes public domain in Canada.

• Grant, validity term and maintenance fees

A grant fee for patent registration in Canada is due within four months from the Notice of Allowance. Patents in Canada are in force for twenty years from the filing date. Maintenance fees are paid in advance, on or before each anniversary of the filing date, starting with the second anniversary. Late payment is possible within 2 months from an official notice or 6 months after the due date, whichever is later, by paying a corresponding late payment fee.

• Duration of registration procedure

The average processing time for patent registration procedure in Canada is 2 years from the date of the examination request.

• Utility Model

Utility model protection is not available under the Canadian legislation.

• Representation by a patent attorney

For patent prosecution in Canada, a patent agent must be appointed if the applicant is not the inventor, if there are multiple applicants and not all are inventors, or if a transfer of application rights has been recorded at the Canadian Intellectual Property Office.

Online Database for Canadian Patents Search .

The information was verified by NEXUS LAW GROUP LLP on 02.05.2024 Please contact us if the above information is not in conformity with Canadian IP Laws

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File a canadian patent application: complete your application.

From: Canadian Intellectual Property Office

• 1. Before you start
• 2. Get a filing date

3. Complete your application

• 4. Submit the completed application
• 5. Request examination
• 6. Examination and allowance or rejection
• 7. Pay the final fee
• 8. Download your patent

The application you write will become your patent. Make sure the description, claims and drawings in your application are clear and follow the formatting requirements.

On this page

Application checklist.

• Application formatting

Example patent applications

Your patent application must include the following:

The petition is your formal request for a patent and includes:

• the title of the patent
• your name and address
• the name and address of co-applicants (if applicable)

If you file online, you can use an auto-generated petition. Otherwise, use the Petition for Grant of Patent form to generate a printable petition to include with your application.

Manual of Patent Office Practice references

• 4.03  Petition

You must provide one of the following statements:

• the applicant or applicants are entitled to apply for a patent
• the applicant is the sole inventor of the subject matter
• the applicants are all inventors and the sole inventors of the subject matter

Include this statement in either:

• your petition
• a separate document

You must provide the names and addresses of all inventors.

The abstract is a short summary (150 words or fewer) that describes your invention and says how it can be used. Abstracts are mainly used for searching patent databases.

In your abstract:

• Describe the main parts of your invention and how they work
• Avoid referring to any claims, or other parts of your application. Since your abstract may be read on its own, the reader will not understand if you discuss other parts of your application.
• Write your abstract so that those with a background in the field can easily understand it.
• Chapter 13 Abstracts

The claims you make in your application are the legal foundation that protects your invention. They form a boundary around your patent defining your invention. They let others know when they are trespassing on your rights.

When you write the claims section, consider the scope, characteristics and structure of your claims.

Each claim should have only 1 meaning, which can be either broad (general and high level) or narrow (more specific), but not both at the same time.

Writing many claims, where each has its own scope, means you can get legal title to several aspects of your invention.

Examples of claim scope

Read the claims in patent application A . Notice how the section begins with broad claims and then moves towards claims that are narrower in scope.

Example of a broad claim (claim 1) Example of a narrower claim (claim 8)

In patent application B , the first claim keeps getting referred to by later claims. This means that all the features in the first claim are also included in the later claims. As more features are added, the claims become narrower in scope.

Characteristics

When you are writing your claims, make sure that they are:

• clear —so that you do not cause the reader to wonder about the claim (avoid using words such as "thin," "strong," "a major part," "such as" or "when required" as these words force the reader to make a judgement based on their opinion rather than on objective observation: be specific)
• complete —so that it covers an inventive feature and has enough elements around it to put the invention in the proper context
• supported —by the description (your claim should be clear and easy to understand by the average person working in your field based on your description )

A claim is a single sentence (statement) made up of 3 parts:

• Preamble (or introductory phrase ) The preamble names the category of the invention, and sometimes the purpose (for example, a machine for waxing paper, a composition for fertilizing soil).
• Purview (or body ) The purview lists the main parts of the invention, such as parts of a device, steps of a process or method, ingredients of a composition or groups in the chemical formula of a compound.
• "which comprises"
• "comprising"
• "including"
• "consisting of"

In the following example, "A data input device" is the preamble, "comprising" is the transitional phrase, and the rest of the claim is the body.

"A data input device comprising:

• an input surface adapted to be locally exposed to a pressure or pressure force
• a sensor means disposed below the input surface for detecting the position of the pressure or pressure force on the input surface and for outputting an output signal representing said position
• an evaluating means for evaluating the output signal of the sensor means
• Chapter 16 Claims

The description must be able to answer the questions of "what is your invention" and "how does it work." It should be clear enough that someone else could make and use the invention using only the description you provide.

Make sure your description is a complete and full description. This is important because you can't add any new information to your patent application once you have filed it.

• Start with general background information and then move on to more detailed information about your invention and its parts.
• Any changes that you make must be in line with what was originally there. Nothing new can be added.
• Chapter 14 The Description

Whenever possible, include a drawing for inventions. If you can't illustrate your invention with drawings, you may include photographs that show the invention with your application.

Your drawing must:

• show every feature of the invention defined by the claims
• follow the Canadian Intellectual Property Office's standards for page size and quality of paper

Do not submit models and specimens of your invention.

• Chapter 15 Drawings

If your description contains the sequence of a new protein or nucleic acid, your application must contain a sequence listing. The formatting of the sequence listing follows international standards.

To get help to create and check the formatting of a sequence listing, visit the Biological Sequence Listing Verification Program page.

Your application may include the following

A small entity declaration is a declaration that you are a small entity. You can provide it in the petition or in a separate document. A small entity declaration only needs to be provided once. The statement must refer to all applicants and it must be signed by the appointed patent agent or by another person authorized under the Patent Rules (see chapter 10.02.02 of MOPOP for clarification about who may sign a small entity declaration).

If you want to benefit from paying all fees at the reduced rate, we recommended submitting it when you file your application.

Learn more about small entity conditions (subsection 44(2) of the Patent Rules )

Small entities are:

• There are conditions. Read subsection 44(2) of the Patent Rules to determine if you are a small entity.
• universities

All fees are reduced for small entities . If you think you qualify, use the small entity declaration tool to learn how to submit a small entity declaration.

Small entity declaration tool

If there is more than 1 applicant, the applicants can appoint a common representative from among the applicants. If the applicants do not appoint one, an applicant will be deemed appointed.

The common representative represents all applicants when taking certain actions, such as appointing a patent agent.

To appoint a common representative, include a statement that clearly appoints a common representative in either of the following:

• your petition (unless your application is divisional)
• a separate document signed by all applicants

You must hire a patent agent if:

• the application is filed by someone other than the inventor
• there is more than 1 inventor and the application is not filed jointly by all of the inventors
• a transfer of the application had been recorded with the office

To appoint an agent, include a statement that clearly appoints an agent in either of the following:

• a separate document signed by the applicant, or if there are joint applicants, the common representative.

If you have previously filed an application for the same invention, you can claim priority to that application.

To claim priority, provide the following information about the previously filed application in the petition or in a separate document:

• the application number
• the country or office of filing
• the filing date

If the previously filed application is not a Canadian application, you must provide:

• a copy of the previously filed application
• a certificate showing the filing date, or access to the previously filed application in the World Intellectual Property Organization's Digital Access Service by providing the access code

Application formatting requirements

Format for text.

The format for the application text is as follows:

• Use good quality white paper that is either 21.6 cm by 27.9 cm (8.5 inches x 11 inches) or 21 cm by 29.7 cm (A4 format) (figure 1).
• Do not crease or fold the paper.
• Your application should not show any interlineations, cancellations or corrections.

Use the following margin dimensions (figure 2):

• top, bottom and right: 2.0 cm
• left: 2.5 cm

The only things you can write in the margins are the file reference number (in one of the upper corners) and the line numbering for the description and claims (left margin).

• The capital letters of the text should be at least 0.21 cm high. A font size of 12 pt. is usually enough (figure 3).
• The text for the description and claims should be spaced 1.5 lines apart (except for sequence listings, tables and mathematical and chemical formulas) (figure 3).
• Use normal fonts. Avoid unconventional or eccentric font styles so that the Patent Office can reproduce it electronically.

Number the pages of the description and claims in order at the centre of the top or bottom of the page. The page number can't be inside the margins. You can number the lines of the description and of the claims in the left margin. Number each claim in order.

In most cases, the page layout is upright (portrait orientation). If it helps to present the information, you can format the drawings, formulas and tables using a landscape orientation, with the top of the figure at the left side of the page (figure 5).

Format for drawings

The format for drawings in the application is as follows:

There can't be any folds or creases, erasures or underlining in your drawings because they must be clear enough to be electronically reproduced.

The paper size should be either:

• 21.6 cm by 27.9 cm (8.5" x 11")
• 21 cm by 29.7 cm (A4 format)

The dimensions for the margins must also be:

• top and left: 2.5 cm
• right: 1.5 cm
• bottom: 1.0 cm

In the margins, the file reference number (in one of the upper corners) may be inserted.

• Do your drawings in black and white.
• The lines should be well defined, dense and dark so that they can be accurately reproduced.
• You must use hatching (fine, parallel lines) to show cross-sections. Be careful that the hatching does not mask any of your reference characters.

Draw all the parts of the same figure in proportion to each other (i.e., do not make any part of the figure larger or smaller to highlight anything) unless a difference in proportion is needed to make the drawing clear.

Use reference characters like numbers or letters to help you identify the different parts of the invention shown in the drawing.

Use the same numbers, letters and reference characters for a particular feature throughout the abstract, description, claims and drawings. Any number, letter or reference character that does not appear in the description can't appear in the drawings, and vice versa.

• Use a reference character for each drawing or figure as well as each part.
• Make sure the numbers for the figures are placed in order.
• Make sure the numbers and letters are at least 0.32 cm high.
• Use reference characters only for the parts that you'll mention in your description. (Example: There should not be numbered parts in the drawings that you do not mention in the description.)
• Do not include any text with your drawings unless the reader needs the text to understand the drawings.

You can place several drawings on a single page. If you have a drawing that is spread over more than 1 page, you must arrange each part of the drawing so that the entire drawing can be put together without hiding any part of the drawing. You must place the drawings together at the end of the application, after the claims.

See the example in the example patent application B .

To help you determine how to write your application, here are 2 examples of a completed patent application:

Example patent application A Example patent application B

• Requirements to obtain a filing date for a regular Canadian patent application
• Failure to provide all of the information and/or documents to secure a filing date

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Scientist Sold Insulin Patent for $1, Saying 'It Belongs to the World'?

Canadian scientist frederick banting won the nobel prize for his discovery of the diabetes drug., caroline wazer, published june 17, 2024.

About this rating

Canadian scientist Frederick Banting and his co-discoverers of insulin sold their patent to the University of Toronto for $1 in a deal that was finalized in 1923.

However, there is no evidence that Banting ever said “Insulin does not belong to me, it belongs to the world.”

On June 12, 2024, a Reddit  post  on the r/BeAmazed subreddit claimed that, in January 1923, Frederick Banting sold his insulin patent for $1, saying, "Insulin does not belong to me, it belongs to the world." As of this writing, the post has received around 23,000 upvotes. 

The alleged quote has circulated widely for years. The World Health Organization's Facebook page shared an image featuring it on June 11, 2024. U.S. Rep. Ro Khanna, a California Democrat,  posted an abridged version on X in 2019. The quote also appears in a number of published books  and scholarly journal articles . 

Despite the quote's prevalence across different types of media, Snopes found no evidence that Banting, the Canadian scientist who won a Nobel Prize for discovering insulin, ever said it. However, it is true that Banting and two colleagues sold their patent for the lifesaving drug for just $1 in 1923. As such, we rate this claim a "Mixture" of truth and falsity.

The original source for the quote appears to be a children's biography of Banting titled "The Discoverer of Insulin: Dr. Frederick Banting," written by I.E. Levine and published in 1959, 18 years after Banting died in a plane crash. Neither the quote nor any variation thereof appears in any of the sources cited in the bibliography at the end of the book.

The quote also does not appear in any of the biographies of Banting written for adults, such as Michael Bliss's acclaimed " Banting: A Biography ," or in any legitimate media coverage of Banting from either before or after his death. As such, the likeliest explanation for the origin of the quote is that Levine, the author of biographical books for children, used artistic license to imagine something Banting might have said.

The details of Banting's sale of the patent for insulin, on the other hand, are well-documented and can be substantiated. 

The patent's buyer, the University of Toronto, has made digital scans of the original patent assignment document available online. The amount the University of Toronto paid Banting and his colleagues Charles Herbert Best and James Bertram Collip for the patent, $1, is clearly noted on the document's first full page. 

Eagle-eyed readers might note that the assignment document is dated Dec. 19, 1922, not 1923. The document's cover sheet explains why 1923 is the year typically given for the sale: The transfer of the patent from Banting and his colleagues to the University of Toronto was not formally recorded in the Ottawa Patent and Copyright Office until Jan. 1, 1923, so the patent technically remained in the three scientists' names until then.

According to the Bank of Canada's Inflation Calculator ,  that $1 in 1923 would be worth around 17.46 Canadian dollars ($12.70) in 2024 — a substantial increase in terms of percent change, but still a remarkably low price for the patent for a drug of critical importance.

What about the reason Banting and his colleagues decided to sell the insulin patent for so little money? In an article  published in the Journal of Clinical Investigation in 2021, diabetes researchers Gary F. Lewis and Patricia L. Brubaker explained the rationale for the sale, which was more complicated than the simple altruism suggested by memes about Banting.

In short, the sale was part of a larger agreement between the scientists, the University of Toronto and U.S. drug company Eli Lilly intended to ramp up production of the drug in order to meet demand as quickly as possible. As part of the terms of the agreement, Eli Lilly committed to licensing insulin from the University of Toronto and manufacturing and distributing the drug free of charge to certain hospitals for one year.

After that year, Eli Lilly was left with an effective monopoly on U.S. rights to the drug, which it was legally free to profit from. According to Lewis and Brubaker, in the first year the company was allowed to charge for the drug, Eli Lilly brought in more than $1 million, equivalent to around $18.4 million in 2024, from insulin sales alone. In other words, although Banting did not make a direct profit from insulin sales, the drug became highly profitable for Eli Lilly as a result of the terms of the sale.

Eli Lilly remains one of the three main suppliers of insulin in the U.S., with the others being Sanofi and Novo Nordisk. Following price caps announced in 2023, Eli Lilly and Sanofi now charge a maximum out-of-pocket price of $35 a month for the most widely prescribed form of insulin. Novo Nordisk has also implemented programs to reduce out-of-pocket costs for diabetes patients.

Before the implementation of U.S. price caps, however, American insulin prices far surpassed those in other countries. In a study comparing insulin prices in the U.S. with those in other countries, the RAND Corp. found that in October 2019 the average U.S. price per standard unit of the drug was $98.70, compared with $7.52 in the U.K., $9.08 in France and $12 in Canada. 

In summary, it is true that Banting and his insulin co-discoverers sold their patent for the drug to the University of Toronto for $1 in a sale that was finalized in 1923. However, there is no evidence that Banting ever said "Insulin does not belong to me, it belongs to the world," despite the widespread appearance of the quote on social media and elsewhere. Additionally, although the 1923 sale of the insulin patent significantly sped up the availability of the drug worldwide, it did not directly result in universally affordable insulin prices.

Assignment to the Governors of the University of Toronto . Collections U of T. collections.library.utoronto.ca , https://collections.library.utoronto.ca/view/insulin:Q10013. Accessed 13 June 2024.

Bliss, Michael. Banting: A Biography . University of Toronto Press, 1992.

Diem, P., et al. "The Discovery of Insulin." Diabetes Epidemiology and Management , vol. 5, Jan. 2022, p. 100049. ScienceDirect , https://doi.org/10.1016/j.deman.2021.100049.

"Drugmaker Eli Lilly Caps the Cost of Insulin at $35 a Month, Bringing Relief for Millions." NBC News , 1 Mar. 2023, https://www.nbcnews.com/health/health-news/eli-lilly-caps-cost-insulin-35-month-rcna72713.

Friedman, Lester D., and Therese Jones. Routledge Handbook of Health and Media . Taylor & Francis, 2022.

Inflation Calculator . https://www.bankofcanada.ca/rates/related/inflation-calculator/. Accessed 13 June 2024.

Inflation Calculator | Find US Dollar's Value From 1913-2024 . 12 June 2024, https://www.usinflationcalculator.com/.

Levine, I. E. (Israel E. ). The Discoverer of Insulin: Dr. Frederick Banting . New York, J. Messner, 1959. Internet Archive , http://archive.org/details/discovererofinsu00levi.

Lewis, Gary F., and Patricia L. Brubaker. "The Discovery of Insulin Revisited: Lessons for the Modern Era." The Journal of Clinical Investigation , vol. 131, no. 1, p. e142239. PubMed Central , https://doi.org/10.1172/JCI142239. Accessed 13 June 2024.

Luhby, Tami. "More Americans Can Now Get Insulin for $35 | CNN Politics." CNN , 1 Jan. 2024, https://www.cnn.com/2024/01/01/politics/insulin-price-cap/index.html.

---. "Novo Nordisk Becomes Latest to Announce It Is Cutting Insulin Prices by up to 75%." CNN , 14 Mar. 2023, https://www.cnn.com/2023/03/14/health/novo-nordisk-insulin-prices/index.html.

Mulcahy, Andrew W., et al. Comparing Insulin Prices in the United States to Other Countries: Results from a Price Index Analysis . RAND Corporation, 6 Oct. 2020. www.rand.org , https://www.rand.org/pubs/research_reports/RRA788-1.html.

"The Nobel Prize in Physiology or Medicine 1923." NobelPrize.Org , https://www.nobelprize.org/prizes/medicine/1923/banting/facts/. Accessed 13 June 2024.

By Caroline Wazer

Caroline Wazer is a reporter based in Central New York. She has a Ph.D in history.

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