Patent requirements


Canada patent application requirements and general information


1.- Canada patent application requirements

– Patent Filing service form.
– Patent specifications (abstract, description, claims and drawings) in English and in Word format.
– Copy of any amendment made to the patent specifications if it applies.
– Copy of the priority document, PCT application number or ISR (International search report) if it applies.
– Payment upfront.
– Power of attorney. The template of this document will be sent once the service request is confirmed.


2.- General information of the patent process in Canada

-Priority: The time limit for the PCT national phase entry is 30 months from the earliest date of priority. This time limit can be extended up to 42 months paying an additional fee. For national filings (non-PCT) the term for filing the application claiming conventional priority is 12 months from the priority date. Restoration of this term is not available in Canada.

-Examination: The Request for examination must be filed within 5 years from the International Filing Date for PCT national phases and from the filing date for conventional applications. The first examination report is issued between 12 and 18 months from the date of the examination request.
In Canada it is possible to request an accelerated examination under the PPH (Patent Prosecution Highway).

-Patent Grant: Once the patent is accepted for registration the applicant must proceed with the payment of Patent Grant fees within 6 months. Once the patent certificate is issued we will forward it to the client.

-Maintenance: Annuities fee payments are due on each anniversary of the international filing date, starting with the second anniversary.

-Patent term: 20 years from the date of filing of the application.


For further information feel free to contact us or you can visit the official website of the Intellectual Property Office trough the following link:

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