Canada is a great avenue to harness your Innovation. Below, you’ll find a quick guide for the filing routes, procedures, and fees for Patent filing in Canada.
Patent Filing Routes in Canada
In order to get a patent in Canada, there are 3 routes:
1. Direct Filing with the Canadian Intellectual Property Office (CIPO)
- This route allows you to file a patent application with the Canadian Intellectual Property Office (CIPO).
- If granted, the patent shall be valid in Canada only.
2. International Filing via Patent Cooperation Treaty (PCT)
- The PCT route allows you to file a single patent application simultaneously in a number of countries.
- PCT has 152 Contracting States and is administered by World Intellectual Property Organisation (WIPO).
- The granting of a patent in Canada remains under the control of the CIPO, i.e “national phase”.
3. International Filing via Paris Convention
- Similar to the PCT, the Paris Convention allows simultaneous multi-country filing.
- Paris Convention has 177 Contracting States and is also administered by WIPO.
- The granting of a patent in Canada remains under the control of the CIPO.
- The Paris convention offers a relatively faster route as compared to the PCT and it is more economical.
Patent Filing in Canada (CIPO): Overview
The required set of documents for your patent application is:
- an application fee
- If applicable, a small entity declaration;
- a written indication, in English or French, that a patent is sought;
- the address of the applicant or of the patent agent (if applicable);
- the name of the applicant; and
- a document, in English or French, that describes an invention.
The complete set of documents must include the following information:
- Formal petition for grant of a patent
- Abstract of the invention
- Claim or claims to the invention
- Any drawings mentioned in the description
- A biological sequence listing, if applicable, in electronic format
- Appointment of a patent agent, when required
Filing Options (CIPO)
You can file your application offline with the CIPO or use the e-filing system.
You can mail your application at the following address:
Commissioner of Patents
Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, Room C114
Gatineau QC K1A 0C9
- You can file your application online through CIPO’s E-filing Portal.
- There is a separate PCT E-filing portal for PCT related patent filings.
Patent Fees: Overview
|Type of Fees||Standard||Small entity|
|Request for Examination||$800||$400|
|Request for Advanced Examination||$500||$500|
|Final Fee (before grant)||$300*||$150*|
*For each page in excess of 100 pages add an additional $6