Guide for Canadian patent application process

Patent Trademark

Canada Profile

Canada consists of 10 provinces and 3 territories. It is located at the northernmost point of the North American continent. With a land area of 9.98 million square kilometers, the country is one of the most ethnically and culturally diverse countries in the world. According to 2018 statistics, Canada's population is aRead more

Canada Profile

Canada consists of 10 provinces and 3 territories. It is located at the northernmost point of the North American continent. With a land area of 9.98 million square kilometers, the country is one of the most ethnically and culturally diverse countries in the world. According to 2018 statistics, Canada's population is approximately 40 million. Canada shares a border with the United States and is surrounded by the Atlantic, Pacific and Arctic Oceans. Canada is a constitutional monarchy with a federal parliamentary democracy. Its capital is Ottawa, and the five largest metropolitan agglomerations are Toronto, Montreal, Vancouver, Calgary and Ottawa.

Canadian Intellectual Property Legal System

  • "Patent Law"
  • "trademark law"
  • "Designs Act"
  • "Integrated Circuit Topology Law"
  • Civil Service Inventions Act
  • "Integrated Circuit Topology Law"
  • Copyright Act

International Organization/Agreement

  • Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled
  • WIPO Copyright Treaty
  • WIPO Performances and Phonograms Treaty
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
  • The Strasbourg Agreement on the International Patent Classification
  • Patent Cooperation Treaty (PCT)
  • "Convention Establishing the World Intellectual Property Organization"
  • Berne Convention for the Protection of Literary and Artistic Works
  • Paris Convention for the Protection of Industrial Property
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Filing Language
French
English

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Canadian Intellectual Property Office

English: Canadian Intellectual Property Office, abbreviation: CIPO

Website: www.ic.gc.ca

Canadian Invention Patent Search: Basic Search - Canadian Patents Database

  • Before the law was amended in 1987, Canada adopted the method of arranging patent application numbers and document numbers according to their respective serial numbers, and the total number of application numbers ended at 470825.
  • In 1987, Canada made major revisions to its national patent law. Starting from No. 2,000,001, the patent application number, publication number and granted announcement number share a serial number, so the status of the patent application can be clearly seen.
  • The numbering rules for Canadian patent application numbers are as follows:
    • [7-digit patent application serial number]

Filing Language: English/French

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any):

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and English Translation
  3. Viability Statement of Microorganism and English Translation
  4. Scanned Copy of Certified Priority Document / DAS
  5. Declaration of Small Entity
  6. Declaration of Ownership/Certification of Employment/Assignment of Priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review.
  9. IDS Form/IDS Document

 

Attachments (if any):

  1. WIPO Publication
  2. ISR/IPRP
  3. Amendments under Art. 19/34/28/41 at the time of the national phase entry
  4. Sequence Listing (PDF format and TXT format)
  5. Deposited Receipt of Microorganism and English Translation 
  6. Viability Statement of Microorganism and English Translation
  7. Declaration of Small Entity
  8. Declaration of Ownership/Certification of Employment/Assignment of Priority
  9. Assignment for Patent Right Transfer
  10. IDS Form/IDS Document

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.

CIPO conducts formality examination and substantive examination of invention patent applications. The applicant needs to file a request for substantive examination no later than 4 years from the filing date. If the request is not filed on time or the examination official fee is not paid on time, the applicant may submit a request for examination and pay additional fees within 2 months after receiving the notice from CIPO. If the applicant fails to file a request for substantive examination and pay the fee within 2 months, the application will be deemed withdrawn. The substantive review process takes about 2 years.

Within 12 months before the filing date, if the invention is disclosed by the applicant or a third party who directly or indirectly obtains the invention information from the applicant, the novelty grace period may be enjoyed.

2-4 years

  • Grant fee: The applicant shall pay the granted fee within 4 months after receiving the granted notice.
  • Annuity: The annual fee is paid year by year starting from the 2nd year from the filing date and should be paid year by year before the filing date of each year. If the fee is overdue, it must be paid within 2 months after the official notice is issued, or within 6 months after the overdue period, and a penalty must be paid at the same time.

As a receiving office of PCT application, CIPO accepts the restoration of the priority right on the grounds of "due attention" and "unintentional/due care", but as a designated office, it still reserves the clause for the restoration of the priority.

Yes

No

Name of Patent Office

Canadian Intellectual Property Office

English: Canadian Intellectual Property Office, abbreviation: CIPO

Website: www.ic.gc.ca

Canadian invention patent search: Basic search - Canadian Industrial Designs Database - Canadian Intellectual Property Office - Intellectual property and copyright - Innovation, Science and Economic Development Canada

  • Before the law was amended in 1987, Canada adopted the method of arranging patent application numbers and document numbers according to their respective serial numbers, and the total number of application numbers ended at 470825.
  • In 1987, Canada made major revisions to its national patent law. Starting from No. 2,000,001, the patent application number, publication number and granted announcement number share a serial number, so the status of the patent application can be clearly seen.
  • The numbering rules for Canadian patent application numbers are as follows:
    • [7-digit patent application serial number]

Filing Language: English/French

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description

Attachments (if any):

  1. Declaration of Small Entity
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

15 years

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague Agreement route: 6 months from earliest priority date.

CIPO counduct the examination of form, unity and novelty for a Design application. 

Within 12 months before the filing date, if the invention is disclosed by the applicant or a third party who directly or indirectly obtains the invention information from the applicant, the novelty grace period may be enjoyed.

  • Grant Fee: None.
  • Annuity: The annual fee needs to be paid within 5 years from the date of granted. You can pay the annual fee in a lump sum. If the annual fee is overdue, there is a 6-month grace period to defer payment, subject to a late fee of $150.00.

12-18 months

No

Yes

No. Canadian design application may contain only one design and its variants and may only be applied to one or a group of final products. If an application contains multiple designs, CIPO will require the applicant to submit only one design and its variants in one application, which can only be applied to one or a group of final products.

发明专利、实用新型及外观设计进入国家申请流程
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