The time limit for entering the PCT national phase in Canada is 30 months from the priority date. Late entry is available up to 42 months from the earliest priority date if the applicant pays the national phase entry fee, and additional late entry fee, and, if the international filing date is after 30 October 2019, also states that the missing deadline was unintentional.
Filing requirements in Canada
Canadian patent applications may be filed in either English or French, but the language of filing must be consistent throughout the application filing process. The minimum filing requirements for PCT national phase entry in Canada include the international application materials in either English or French and the appropriate fee or fees due at national phase entry.
No Power of Attorney is required when entering the PCT national phase in Canada. If the applicant is the inventor, the application must contain a statement to that effect. If the applicant is not the inventor, the application should include a statement indicating the name and address of the inventor and either a declaration that the applicant is the legal representative of the inventor or a declaration as to the applicant’s entitlement to apply for and be granted a patent.
Examination of a PCT national phase application in Canada involves formal and substantive examinations. Substantive examination must be requested, and the official fee must be paid within four years from the international filing date. There is no prescribed form for the examination request. Once the examination is started, an examiner can send up to three reports in total. After the third report, the applicant should request continued examination. Two more reports can be issued during continued examination, and the process can be repeated as needed. Accelerated examination under PPH is also possible.
The novelty grace period in Canada allows for disclosure by the applicant or any person who obtained information on the invention directly or indirectly from the applicant within 12 months before the international filing date without disproving the novelty of the invention.
For grant, validity term, and maintenance fees, the grant fee for patent registration in Canada is due within four months from the Notice of Allowance. Patents in Canada are in force for twenty years from the international filing date. Maintenance fees are paid in advance, on or before each anniversary of the international filing date, starting with the second anniversary. Late payment is possible within 2 months from the corresponding notice or 6 months after the due date, whichever is earlier, by paying the late payment fee.
The average processing time for the patent registration procedure in Canada is 2 years from the date of the examination request.
Utility model protection is not available under Canadian legislation. For foreign patent applicants, it is necessary to perform PCT national phase entry in Canada through a registered Canadian patent agent.
You can see a list of Canada IP firms here.