• 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.

•  Note

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