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Patent Filing in Canada

Canada is a member of the Patent co-operation Treaty and Paris Convention. Patent applications can be filed in Canada through the PCT route or by filing directly as a conventional application.

Term of the Patent: 20 years (from the filing date) Patent Office: Canadian intellectual Property Office

 

Paradigm to obtain a patent in Canada:-
  • Patent Filing
  • Publication
  • First office action
  • Compliance with the Office action either with written statement or hearing
  • Acceptance(notice of allowance) or rejection
  • Payment of the issue fees
  • Maintenance fees for a patent application, or a patent issued from the application, is due on each anniversary of the filing date of the application, beginning on the second anniversary
Documents required for filing of Patent Application in Canada

1.PCT National phase application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report
  • Translation of the specification into English or French language
  • Assignment ,if the applicant is not an inventor
  • Power of Attorney

2. Convention Application under Paris Convention

  • Complete specification
  • Drawings (if any)
  • Abstract
  • Translation of the specification English or French language
  • Certified copy of the priority documents
  • Power of attorney
  • Assignment, if applicant is not an inventor
Remarks:
  • Benefits against claiming small entity status.
  • The national stage deadline can be extended by 12 months upon payment of a modest fee, retrospectively if necessary. (extra fee 200 CAD)
  • A Declaration of Entitlement may need to be lodged
  • Timeline for entry into National phase in Canada is 30 months
  • Timeline for filing a conventional application in Canada is 12 months