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Canada

  • International Country Code:

    CA
  • Time Zone:

    UTC/GMT -04:00
  • Currency:

    Canadian dollar (CAD)

Patent in Canada

Canada
from 1207.00
Total Number of Claims
Number of Priorities
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  • 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 not available in Canada. The priority claim and required information is due by the later of 16 months from the earliest priority date or 4 months after the filing date. Restoration of the right of priority is available in Canada if the application is filed within 14 months of the priority date and a request for restoration is made accompanied by a statement that the failure to file within 12-month priority period was unintentional. The facts underlying this statement are reviewed by the Federal Court.

  • 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 and patent agent;
- 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, and the official fee must be paid within four years from the filing date in Canada. If the request is not filed and/or the examination fee is not paid in due time, the applicant will have 2 months from the notification by the Office to request examination and pay the fee alongside the surcharge. If the applicant doesn't request examination within 2 months, the application will be considered abandoned. However, an abandoned application may be reinstated within 6 months of the expiration of the term for making the examination request upon payment of the reinstatement and late examination fees. Within 12 months of the expiration of the term for making the examination request the application may only be reinstated if the applicant additionally establishes that the deadline was missed despite due care. The facts underlying an assertion of due care are reviewed by the Federal Court.  It is also possible to request an accelerated examination under PPH.

  • Novelty grace period

In order to preserve novelty in the invention, an 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 fee payments are paid in advance, on or before each anniversary of the filing date, starting with the second anniversary. Late payment is possible within later of 2 months from an official notice or 6 months after the due date 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 foreign patent applicants, it is necessary to perform the patent prosecution in Canada through a registered Canadian patent agent.

  •  Note

Online Database for Canadian Patents Search.

The information was verified by NEXUS LAW GROUP LLP on 26.02.2020
Please contact us if the above information is not in conformity with Canadian IP Laws

 

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