PCT/Paris Route Entering Into Canada

In Canadian Patent Law, “invention-creations” include Patent and Design.

“Patent” means any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. Once granted, it can last as long as 20 years.

“Design” means any new, original and ornamental design for an article of manufacture. Once granted, it can last as long as 10 years.

The applicant should enter Canada by PCT national phase within 30 months from the priority date. If the deadline is missed with any justified reason, the applicant may file a restoration request within 12 months to the CIPO with a statement indicating that the delay in entry was unintentional and pay an extra fee.

The Reasons to Choose Canada:

A Developed Country with a Mature Market and High Consumption Level

Patent Prosecution Highway (PPH) which Provides Accelerated Patent Prosecution Procedures with the Support of the CIPO

Fee Reduction for “Small Entity”

Filing to Grant Procedure for Patent

STEP 1:

FILING

Filing National Application (PCT Route/Paris Convention Route);

STEP 2:

PRELIMINARY EXAMIANTION

Preliminary Examination By The Office;

STEP 3:

PUBLICATION

Publication Of The Patent (Within 18 Months After Application);

STEP 4:

SUBSTANTIVE EXAMIANTION

Request for Examination (Within 4 Years from the PCT Filing Date);

STEP 5:

GRANT

Issuance Of Patent Certificate (Taking Around 3 to 4 Years After Application).

Documents

Required

Full name, address and nationality of Applicant(s)

Full name and address of Inventor(s)

PCT Application number if it’s PCT National Phase, else original Patent Application information is required.

Frequently Asked Questions:

When should I file the PCT national entry into Canada? icon icon
  • You’d better enter Canada by PCT national phase within 30 months from the priority date. If the deadline is missed with any justified reason, you may file a restoration request within 12 months to the CIPO with a statement indicating that the delay in entry was unintentional and pay an extra fee.
What’s the requirement of language for the patent application? icon icon
  • English or French version of abstract, claims, specification, drawings (when explanatory text is included).
When should I request the substantive examination? icon icon
  • Within 4 years from the PCT filing date.
Is it hard to get it granted in Canada and how long will it takes? icon icon
  • It is not hard to get it granted in Canada and it will take around 3 to 4 years after application. Moreover, you can enjoy the fee reduction if you are qualified for small entity.
Does Canada accept PPH to accelerate the examination ? icon icon
  • Yes. By request for PPH, it only takes around 1 year from filing to grant.

Brief Introduction of PPH in Canada

Patent Prosecution Highway(PPH) is a mechanism to facilitate expedited examination of applicants. Canada has established PPH cooperation with most major economies. And the PPH request is only applicable to patent application in Canada.

PPH has two main advantages. For one thing, the PPH application will greatly shorten the pending period for the patent to be substantially examined by the examiner. Normally, the first office action(if any) will be issued within 2 months after the PPH request has been accepted, comparing with 12 to 18 months of pending period for the general application after requesting for substantive examination. For another, the authorization rate is higher than the general application.

If the PCT application has received a positive written opinion or an international preliminary examination report of patentability at the international phase, the applicant can file a PCT-PPH request to the Patent Office at the same time when we request for the substantive examination at the national phase. Else if you’ve chosen Paris Convention Route to entering into the national phase, General-PPH may be requested if you can provide the Office Actions, Responses to those Office Actions and Grant Notice(if any) of the Priority Patent.

In brief, you don’t need to decide whether to apply PPH in Canada or not until you request for the substantive examination. You can leave this matter behind because we will notify you in time.

Cost Estimate for Filing a Patent

Description
Price (USD)
Attorney Fee
1,300
Govt fee* (Small Entity**)
167
Total
1,467
*

Govt fee will be charged later since we need to check the claims and specification of your PCT Application/Original Patent Application in case there’s any additional govt fee according to the Patent Office rules.

**

$167 govt fee assumes that you are classified as "small entity"(an entity that has fewer than 100 employees or is a university )by CIPO. Otherwise, the govt fee for “large entity” is $411.