Patent Filing in Canada
Canada is a natural partner market to the United States and is often filed together with it. National phase entry at CIPO is straightforward for English or French applications, with examination on request.
When is your national phase deadline in Canada?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in Canada: key facts
Late entry possible within 12 months after the 30-month deadline by paying the reinstatement fee and meeting subsection 154(3) of the Patent Rules (Office…
Some fees reduced for small entities on filing a signed small entity declaration complying with subsection 44(3) of the Patent Rules within the applicable time…
Request based. Examination must be requested within 4 years of the international filing date.
The PCT publication stands; no separate Canadian publication.
20 years from the international filing date.
Typically 2 to 4 years after the examination request. Faster through the PPH.
Maintenance fees from the 2nd anniversary of the international filing date.
No utility model protection.
Possible
Official fees for patent filing in Canada
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated 3 September 2026. Amounts in CAD. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Basic national fee | CAD 595.06 | Small entity: 241.24 |
| Fee for reinstatement of rights (late entry into the national phase) | CAD 297.00 | |
| Additional fee for late payment under sub-section 154(4) of the Canadian Patent Rules | CAD 150 | |
| Maintenance fee in respect of each one-year period due at the time of entry into the national phase where that entry is effected on or after the 2nd or possibly 3rd anniversary of the international filing date | CAD 134.02 | Small entity: 60.26 |
Fee reductions: Some fees reduced for small entities on filing a signed small entity declaration complying with subsection 44(3) of the Patent Rules within the applicable time limit.
National phase entry requirements
Time limit
30 months from the priority date (Articles 22(1) and 39(1)(a)); same for Chapter I and II
Reinstatement possible up to 12 months after the 30-month deadline (42 months), with a fee.
Translation
Description (excluding sequence listings) and claims, if entirely in a language other than English or French; amended parts as amended. Untranslated text is disregarded for interpreting the scope of protection.
Late entry and reinstatement
Late entry possible within 12 months after the 30-month deadline by paying the reinstatement fee and meeting subsection 154(3) of the Patent Rules (Office notified incompatibility with Rule 49.6 but permits reinstatement under that subsection).
Agent and power of attorney
Not required; eligible agents hold a patent agent (or patent agent in training) licence from the College of Patent Agents and Trademark Agents.
Special requirements of the office
- Name and postal address of each inventor
- Statement that the applicant is entitled to apply (or sole inventor / all joint applicants are inventors), or declaration under Rule 4.17(ii)
- Evidence of ownership if the Commissioner reasonably doubts that the party entering is the applicant or legal representative
- Appointment of an agent if the applicant is not the inventor
- Evidence of the agent's consent when the appointment document is submitted by someone other than that agent
Other information
- Copy of the international application required only if entry occurs before international publication
- Colour drawings not accepted; photographs allowed and may contain colour
- Office accepts the effect of priority restoration by the receiving Office; restoration requests accepted under subsection 28.4(6) of the Patent Act and section 77 of the Patent Rules
- Further fees in Annex CA.I
Source: WIPO PCT Applicant's Guide, national chapter, updated 3 September 2026.
What you need to file in Canada
| Document | When |
|---|---|
| Entry request | At entry |
| Translation into English or French, if needed | At entry |
| Small entity declaration, if claimed | If applicable |
| Appointment of agent | At entry |
| Assignment, if the applicant changed | If applicable |
Not normally required when a registered Canadian agent is appointed.
To record a change of applicant. A simple signed copy.
Notice of allowance, then the final fee.
Filing requirements in detail
| Extension of the filing deadline | Yes/12Months with late entry fee |
|---|---|
| Amendments at entry | Yes |
| Article 19 amendments | Possible |
| Chapter II / Article 34 amendments | Amendments filed for Demand (IPRP Chapter II) can be filed at the time of filing |
| Examination request at entry | If applicant want |
| Annuities at entry | Yes/If falls from International Filing date |
| PPH fee | 650 |
| Office action extension | Possible |
| Office action extension fee | 500 |
From national phase entry to grant
- 1Month 30 (42 with fee)National phase entry
Fees and any translation filed.
- 2Before 2nd anniversaryMaintenance fees begin
Paid yearly from the 2nd anniversary.
- 3Within 4 years of filingExamination request
Request and fee filed.
- 4About 12–24 monthsFirst office action
Examiner's report issued.
- 53 monthsResponse
Amendments and arguments filed.
- 6On allowanceGrant
Final fee paid; patent granted.
Patent filing in Canada: questions
What is the deadline for PCT national phase entry in Canada?
30 months from the earliest priority date.
Can I enter the national phase in Canada after the deadline?
Late entry possible within 12 months after the 30-month deadline by paying the reinstatement fee and meeting subsection 154(3) of the Patent Rules (Office notified incompatibility with Rule 49.6 but permits reinstatement under that subsection).
In which language must the application be filed in Canada?
English or French. Description (excluding sequence listings) and claims, if entirely in a language other than English or French; amended parts as amended. Untranslated text is disregarded for interpreting the scope of protection.
Do I need a local patent attorney in Canada?
The PCT applicant or its successor in title. Applicants must act through a registered Canadian patent agent.
Is a power of attorney needed, and must it be legalized?
Not normally required when a registered Canadian agent is appointed.
Are there official fee reductions in Canada?
Some fees reduced for small entities on filing a signed small entity declaration complying with subsection 44(3) of the Patent Rules within the applicable time limit.
How does examination work in Canada?
Request based. Examination must be requested within 4 years of the international filing date.
How long does it take to get a patent in Canada?
Typically 2 to 4 years after the examination request. Faster through the PPH.
Is utility model protection available in Canada?
No utility model protection.
How much does patent filing in Canada cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
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