Patent registration in Canada. Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic to the Pacific and northward into the Arctic Ocean, covering 9.98 million square kilometers, making it the world’s second-largest country by total area. A highly developed country, Canada has the 24th highest nominal per capita income globally and the sixteenth-highest ranking in the Human Development Index. Its advanced economy is the ninth-largest in the world, relying chiefly upon its abundant natural resources and well-developed international trade networks. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Canada.
Patent in Canada
As Canada is a member of the PCT Treaty, the applicant can either file their patent application through the PCT system with a National Phase Entry or apply directly as a local filing.
If the applicant has already filed a patent application in other countries and now wants to expand the patent protection jurisdiction to Canada, they can claim priority by filing the national application within 12 months from the earliest priority filing date.
Restoration of the right of priority is possible within 2 months from the missed deadline, provided that the filing date of the pending application is on or after 30 October 2019.
Request for restoration must be accompanied by a statement that the failure to file the priority documents within the 12-month priority period was unintentional and circumstantial, due to the force majeure events.
Once the 12-month grace period and the restoration period end, the invention becomes public domain in Canada.
Necessary documents for patent registration in Canada
The necessary documents for patent registration in Canada include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
Canadian patent applications may be filed either in English or French.
If the applicant files their patent application in any other language, it is necessary to submit the translation into English or French within 2 months from the corresponding notice.
The procedure of patent registration in Canada
After receiving the patent application, the examiners at the IP Office of Canada will conduct a thorough formal examination and substantive examination to check if the invention is patentable.
The substantive examination must be requested, and the official fee must be paid within 4 years from the filing date in Canada. 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 a substantive examination within 2 months, the application will be considered abandoned. However, an abandoned application may be reinstated.
If the expiration is missed for 12 months, the applicant must establish that the deadline was missed despite due care. The facts underlying an assertion of due care are reviewed by the Federal Court.
After the patent application has been carefully examined and deemed patentable, the applicant will be granted the patent. He/she must pay the grant fee within four months from the Notice of Allowance.
Patents in Canada are valid for 20 years from the filing date. Maintenance fees are paid in advance, on or before each anniversary of the filing date, starting with the second anniversary.
You can see a list of Canada IP firms here.