Canadian Patent Filing for Foreign Associates

If you are a foreign patent agent, patent attorney or patent lawyer, or foreign law firm, then we can file a Canadian patent application for you.

Canadian National Entry

National Entry from a PCT application should be effectuated either within 30 months from the priority date. If the failure to meet this deadline was unintentional, then late National Entry is possible provided that the applicant provides a statement that the delay was unintentional.

Examination

Examination can be requested any time within four years from the Canadian filing date or the international filing date. Patent Prosecution Highway (PPH) examination can also be requested where applicable, and accelerated examination can be requested for green technologies or in cases where the applicant will be prejudiced if the examination takes too long.

Amendments

Voluntary amendments may be made provided that they do not go beyond the original disclosure, and may be filed at the time of National Entry or later. If adding extra claims, there is an addition per-claim fee for over 20 claims. Reference to specific claims in the description is not allowed and this will require an amendment, which is best done when examination is requested.

Public Disclosure

A Canadian patent application is permitted if the invention has been publicly disclosed within a grace period of up to one year before the Canadian filing date or the international filing date, not the priority date.

Maintenance Fees

Renewal fees or annuities are payable from the 2nd to 19th anniversaries of the Canadian filing date or international filing date. Multiple years may be paid at the same time.

Small Entity Discount

Small entities qualify for a 50% reduction of official fees. To qualify, a small entity means an entity that employs 100 or fewer employees or that is a university, but does not include an entity that is controlled directly or indirectly by an entity, other than a university, that employs more than 100 employees. The determination of entity size should be made at the time of filing a Canadian application or entering the national phase of a PCT application in Canada.

Options

We can file a Canadian equivalent to your foreign patent application on an as-is basis, with minimal review or with an extensive review; with or without a request for examination; with or without amendments; and with additional maintenance fee payments.

Contact

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