How an invention is patented in Canada, from the first filing to a granted patent, and what to expect along the way. Teitelbaum & Burk Patent Agents serves inventors and businesses across Canada from its Ottawa office.
Canada is a first to file country, so the earlier an application is on file, the better. Canada allows a 12 month grace period for your own public disclosure of an invention, but many other countries do not. If you may want protection outside Canada, file before you publish, demonstrate, sell, or otherwise disclose the invention.
A preliminary patent search is often worthwhile before committing to a full application. It helps to judge whether the invention is likely to be patentable and how broad the claims could be. You can read about how we approach this on our process page.
A Canadian patent application consists of a description of the invention, drawings where helpful, an abstract, and claims. The claims define the scope of protection, so most of the skill in an application lies in drafting claims that are as broad as the prior art allows while remaining supported by the description.
Applications are filed with the Canadian Intellectual Property Office (CIPO). The filing date establishes your priority in Canada and can be relied on to claim priority in other countries, generally within 12 months under the Paris Convention. Applicants who do not reside in Canada generally must appoint a registered patent agent to represent them.
A Canadian application is not examined automatically. Examination must be requested, with the prescribed fee, within four years of the filing date. Many applicants request it earlier so that the application proceeds sooner. Accelerated examination is available in some circumstances, for example through the Patent Prosecution Highway when a partner patent office has already found claims allowable.
A patent examiner reviews the application for novelty, usefulness, and non obviousness, and for compliance with formal requirements. If the examiner raises objections, an examiner's report is issued and a response, usually with claim amendments and arguments, must be filed within the response period set out in the report. It is common for an application to go through one or more rounds of reports before it is allowed.
When the application is found allowable, a notice of allowance is issued. Payment of the final fee leads to the grant of the patent, which is published and gives you exclusive rights in Canada.
A Canadian patent lasts up to 20 years from the filing date. Annual maintenance fees are payable on the anniversary of the filing date, starting with the second anniversary, for both pending applications and granted patents. Missing a payment can cause the application or patent to lapse, so these deadlines are tracked carefully.
Many patents in Canada begin as an international application under the Patent Cooperation Treaty (PCT). Entry into the Canadian national phase is due 30 months from the earliest priority date, and a limited late entry period is available in some circumstances for an additional fee. We handle Canadian national phase entry for clients and foreign associates and prosecute the application through to grant. Our services also cover PCT filings and worldwide prosecution through associates.
The total cost is made up of professional fees for preparing and prosecuting the application and government fees for filing, examination, grant, and maintenance. Small entity status can reduce many government fees. Flat fees are available for most stages of a filing. Office action responses are billed individually, since the scope of an examiner's objections varies too much to quote a flat rate in advance.
Businesses in Ontario may also qualify for funding through IPON (IP Ontario), and we support clients using IPON funding to offset the cost of patent work.
The timeline varies with the technology, how quickly examination is requested, and how many examiner's reports issue. It commonly takes several years from filing to grant. Accelerated options can shorten this in the right circumstances.
Software is not excluded from patentability as such, but abstract ideas and mathematical algorithms on their own are not patentable. Applications for software inventions should be framed around a technical problem and a technical solution, which calls for careful drafting of both the specification and the claims. Software is an area of particular depth for the firm; see examples of software patents we have handled.
Residents of Canada may file on their own, but a registered patent agent is strongly recommended because the drafting of the claims determines what is protected. Applicants outside Canada generally must appoint a patent agent.
No. Patents are territorial, so a Canadian patent gives rights only in Canada. Separate applications are needed in the United States and other countries. As registered Canadian patent agents we coordinate Canadian, US, and PCT filings, and for Canadian-resident applicants we can file and prosecute directly at the USPTO.
For a broader overview, see getting a patent in Canada.
This page provides general information only and is not legal advice. Deadlines and fees change, so please confirm the current requirements before acting.