Transfer of Rights registration is recommended in Canada even though the Patent Office does not require such registration where the appropriate Declaration(s) are filed. Registration with the Patent Office of documentation in support of a transfer of rights must be accompanied by the registration fee (currently $100/document) and must meet the following requirements:

(A) all documents submitted for registration must be in English or French or accompanied by a translation into English or French;

(B) the documents must be signed and dated;

(C) there must be proof of execution provided (for example, a witness signature, an affidavit of a subscribing witness, a corporate seal, etc.);

(D) a person signing on behalf of a company must specify his/her position within the company and capacity to sign;

(E) the complete address of the new owner or interest holder must be given;

(F) all previous steps in the chain of title must have been recorded by the Commissioner of Patents;

(G) the documents must identify the application(s) and/or patent(s), either by application or patent number(s), by priority information or any other suitable identifier that allows the Patent Office to positively identify the correct document; and

(H) the document must be specific with respect to which Canadian rights are being transferred and for amalgamation, mergers, and consolidations it is not necessary to submit the entire document, but only the relevant extracts and provide a precise statement of the portion of the interest transferred.

In the cases where the Patent Office is unsatisfied that the documentation provided is sufficient, further clarification will be requested.