Eligibility Criteria for Patent Filing Canada
Any person or entity listed as the applicant in the PCT application—or its lawful successor—may enter the national phase in Canada.
Eligible entities include:
- Individual inventors
- Domestic and international companies
- Universities and research institutions
- Startups and SMEs
- Governmental bodies
- Legal assignees and successors in title
Foreign applicants are not required to be represented by a local patent agent at the time of filing, but an agent must be appointed for prosecution, examination, and communication with CIPO. For all practical purposes, foreign applicants rely on a Canadian patent agent for all steps beyond the initial filing.
If the applicant differs from the inventor, a Statement of Entitlement or assignment documentation is required.
Critical Deadline for Patent Filing Canada (30 / 31-Month Rule)
Canada follows the 30-month deadline from the earliest priority date for PCT Filing.
Thus, all required forms, fees, and documents must be filed on or before 30 months from the priority date.
Extension of Time After the 30-Month Deadline
Canada permits late entry into the national phase up to 42 months from the earliest priority date.
However, to use this extended period, the applicant must:
- Pay an additional late entry fee, and
- Submit a statement explaining the unintentional delay
Late entry is widely accepted, giving Canada one of the most generous national phase grace periods globally. Nevertheless, excessive delay may create freedom-to-operate risks if competitors have already entered the market.
Languages Used for Patent Filing Canada
Canada accepts national phase submissions in:
If the PCT application was published in a different language, a translation into either English or French must be provided.
Translation quality is critical because:
- Claim interpretation depends on precise wording
- Errors may introduce indefiniteness or added-matter issues
- Post-grant amendments are limited and require care.
Essential Documents for Patent Filing Canada
To enter the PCT national phase in Canada, the following documentation is mandatory:
Documents Required at Filing
- Request for national phase entry
- Complete specification (claims, description, drawings, abstract)
- Applicant and inventor details
- Priority information
Power of Attorney
- Not required in most cases
- Only required when the agent’s authority is questioned
Assignment / Proof of Right
- An assignment is required if the applicant ≠ inventor
- A simple signed copy is acceptable
- No notarization, legalization, or apostille required
Declarations
- A Statement of Entitlement (showing the applicant’s right to apply) may be necessary
- No sworn or notarized declarations required
Sequence Listings
Must comply with WIPO ST.26 format where applicable.
Canada’s flexible document requirements streamline national phase entry, but accuracy and consistency remain crucial.
Search and Examination Procedure
Canada performs a full substantive examination, unlike formal-examination jurisdictions.
The examination covers:
- Novelty / Patentability Search
- Inventive step
- Industrial applicability
- Subject-matter eligibility
- Support and enablement
- Clarity and claim structure
CIPO examiners conduct detailed searches using global prior-art databases and rely heavily on US/EPO/JPO standards for novelty and inventive-step analysis.
Examination Process and Office Actions
Canada uses a request-based examination system, meaning an examination will not begin until a Request for Examination (RFE) is filed.
During the examination phase, the examiner may issue:
Office Actions (OAs)
Typically raising:
- Prior-art rejections (anticipation or obviousness)
- Clarity and definiteness issues
- Section 2 subject-matter exclusions (software, business methods, etc.)
- Insufficient disclosure
- Unity of invention objections
- Lack of support or overbroad claims
Applicants must respond within the prescribed period to avoid abandonment.
Final Action and Appeal
If issues remain unresolved, the Examiner issues a Final Action, which may be appealed to the Patent Appeal Board (PAB). Successful resolution leads to a Notice of Allowance.
Deadline for Request for Examination
Applicants must file an RFE within 4 years of the international filing date.
Failure to file the RFE results in abandonment, although reinstatement may be available under the “unintentional” standard.
Canada has one of the longest RFE windows globally, enabling strategic timing of examination based on commercial readiness.
Publication Process and Legal Impact
A Canadian national phase application is generally published at:
18 months from the priority date,
or promptly after national phase entry if filed late.
Legal implications include:
- Public disclosure of an invention
- Establishment of prior art
- Start of provisional rights (with compensation possible after grant)
- Competitor awareness of pending claims
Pre-grant third-party submissions are allowed, although not commonly used.
Grant Process and Enforceability
After the application is allowed, the applicant pays the final fee, and the patent proceeds to grant.
A granted Canadian patent provides:
- The exclusive right to make, use, sell, or import the invention.
- Ability to seek injunctions
- Potential for damages, accounting of profits, and reasonable compensation from the publication date
Strong enforceability before the Federal Courts and Provincial Courts
Canada also provides:
- Border enforcement measures
- Administrative enforcement options for specific technologies
- Bifurcated proceedings for infringement and validity by doing wide Patent Infringement Search
Canada has a reputation for fair, detailed, and technically competent patent litigation.
Patent Term
A Canadian patent is valid for:
20 years from the PCT filing date
Patent term adjustments may be available in certain pharmaceutical contexts under the Certificate of Supplementary Protection (CSP) system.
Typical Time to Obtain a Patent in Canada
The time for patent filing Canada depends on the examination strategy and the type of invention.
Typical timelines:
- Standard examination: 3–5 years
- Accelerated examination (e.g., through PPH): 12–24 months
- Green Tech / COVID-related acceleration: ~12 months
Canada participates in multiple PPH agreements, enabling harmonized prosecution for applicants with allowed claims in other major jurisdictions.
Annuities and Maintenance Procedure
Annual maintenance fees must be paid beginning:
- On the 2nd anniversary of the international filing date and
- Each year thereafter until expiry
Key points:
- Missed payments lead to abandonment
- Reinstatement is possible within the statutory grace period
- Third-party rights may arise during reinstatement windows
Official Government Fees for Patent Filing Canada
Official Fees for Patent Filing in Canada (Approximate; subject to change by CIPO — professional fees additional.)
15.1 Filing Fees
| Entity Type | Filing Fee (CAD) |
| Standard Entity | ~CAD 400 |
| Small Entity | ~CAD 200 |
15.2 Examination Fees
| Entity Type | Examination Fee (CAD) |
| Standard Entity | ~CAD 800 |
| Small Entity | ~CAD 400 |
15.3 Excess Claims Fees
| Claims Number | Fee (CAD) |
| More than 20 claims | Additional fee per claim |
15.4 Grant (Final) Fee
| Entity Type | Fee (CAD) |
| Standard Entity | ~CAD 300 |
| Small Entity | ~CAD 150 |
15.5 Annuity Fees (Typical Range)
| Years | Standard (CAD) | Small Entity (CAD) |
| 2-4 | ~50–100 | ~25–50 |
| 5-9 | ~125–200 | ~60–100 |
| 10-14 | ~250–350 | 120–180 |
| 15-20 | ~450–600 | ~225–300 |
Late payment surcharges apply.
Utility Model Protection in Canada
Canada does not have utility model or petty patent protection. All inventions must be protected through standard patents.
Official Canadian Patent Office and Website
Canadian Intellectual Property Office (CIPO)
Official Website: Canadian Patent Office
This is the authoritative resource for forms, rules, fee schedules, and procedure updates.
