PCT national phase entry in Canada

The 30 month period runs from the earliest priority date claimed, which is usually earlier than the international filing date. Missing it can end the application's chance of protection in Canada. Late entry is available only in limited circumstances and for an additional fee, so it should not be relied on.

We docket every deadline on receipt and confirm it back to you in writing.

• Appoint a patent agent

  Applicants outside Canada generally must appoint a registered Canadian patent agent to represent them before the Canadian Intellectual Property Office (CIPO). Residents of Canada may act on their own, although an agent is strongly recommended.

• Entry documents and fees

  We prepare and file the national phase entry documents and pay the prescribed government fees, with the deadline docketed and confirmed back to you.

• Translation

  If the international application was not filed or published in English or French, a translation into one of them is required. We handle any required translation.

• Claims and Canadian practice

  We review the claims before filing and advise on converting foreign-style claims to Canadian practice, so that the application enters Canada in the best form.

• Examination and grant

  Examination in Canada is not automatic. It must be requested, with the prescribed fee, within four years of the filing date, and many applicants request it earlier. We then handle examiner's reports through to grant and track annual maintenance fees.

1. The PCT application number or publication number, and the earliest priority date.
2. The applicant and inventor details, and the name of the instructing law firm if there is one.
3. Any amended claims or other documents from the international phase, and any English or French translation already prepared.

We confirm receipt, check the deadline, and provide a written estimate before work begins.

We quote flat fees in advance for national phase entry and most other stages. Prosecution of examiner's reports is billed individually, with a written estimate before we start each response, since the scope of an examiner's objections varies too much to quote a flat rate. Government fees are itemized separately, and small entity status can reduce many of them.

Businesses in Ontario may also qualify for IP Ontario (IPON) funding, and we support clients using it.

We act as the Canadian patent associate for law firms and patent attorneys outside Canada, take instructions from you, and leave your client relationship untouched. See our page for foreign associates and overseas law firms.

See also our step by step guide to patenting in Canada and our page on US patent filing for Canadian residents.