• Patent fees

Fees associated with Canadian PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in Canada

The time limit for entering the PCT national phase in Canada is 30 months from the priority date. Late entry is available up to 42 months from the earliest priority date provided the applicant pays the national phase entry fee, additional late entry fee and, if the international filing date is after 30 October 2019, also states that the missing of the deadline 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.

The minimum filing requirements in Canada for PCT national phase entry is the international application materials in either English or French and the appropriate fee or fees due at national phase entry.

A signed small entity declaration is required to be included at filing in order to be eligible to pay official filing fees and any subsequent official fees at the small entity rate.

No Power of Attorney is required when entering the PCT national phase 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 PCT national phase application in Canada

Patent applications in Canada undergo formal and substantive examinations. Substantive examination must be requested, and the official fee must be paid within four years from the international filing date. 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

If the disclosure of the information on the invention is made by the applicant or any person who obtained information on the invention directly or indirectly from the applicant within 12 months before the international filing date, such a disclosure does not disprove the novelty of an invention.

• 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 international filing date. Maintenance fees are paid in advance, on or before each anniversary of the international filing date, starting with the second anniversary. If entry into the national phase occurs after the second or third anniversary of the international filing date, maintenance fees that have become due should be paid on entering the national phase in Canada. Late payment is possible within 2 months from the corresponding notice or 6 months after the due date, whichever is earlier, by paying the 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 foreign patent applicants, it is necessary to perform PCT national phase entry in Canada through a registered Canadian patent agent.

•  Note

Online database for Canadian Patents Search.