HomeIP-GuideCanada General informationInvention (PCT National Phase) Canada

Canada

  • International Country Code:

    CA
  • Time Zone:

    UTC/GMT -04:00
  • Currency:

    Canadian dollar (CAD)

Canadian PCT national phase entry

Canada
from 1668.00
Total Number of Claims/PCT
Number of Priorities
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  • 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 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.

Minimum filing requirements in Canada for PCT national phase entry is the international application materials in either English or French and national phase entry fee.

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. The substantive examination must be requested and the official fee must be paid within four years from the international filing date. 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. It is also possible to request an accelerated examination under PPH.

  • 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 the later of 2 months from the corresponding notice or 6 months after the due date by paying the late payment fee.

  • Duration of registration procedure

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.

The information was verified by NEXUS LAW GROUP LLP on 05.02.2019
Please contact us if the above information contains any discrepancies with Canadian IP Laws

 

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