Canadian-resident applicants can have a US patent application drafted, filed, and prosecuted by one registered Canadian patent agent, with direct filing and correspondence at the USPTO and no US associate in between.
If you live in Canada, Neil Teitelbaum, a registered Canadian patent agent, can file your US patent application and correspond with the USPTO on your behalf. If you do not live in Canada, we draft and prosecute the application, and a US patent agent or attorney handles the filing and formal USPTO correspondence.
Many Canadian patent agents can draft a US application but cannot file or correspond directly with the USPTO, so the file passes to a US firm. That adds a layer of cost and puts a step between the person who drafted the application and the examiner. For Canadian-resident applicants we remove that step: the agent who prepares your application files it, answers the examiner, and reports to you.
Neil has been a registered patent agent since 1994 and holds a B.Eng. in Electrical and Computer Engineering. A large part of our work is before the USPTO, with considerable experience drafting software applications. See our team for full bios.
We help you decide what to protect and where to file. A provisional application, or a first filing in Canada, secures an early filing date and starts a 12 month period in which a US application can claim its priority under the Paris Convention.
A US application consists of a specification, claims, drawings where helpful, an application data sheet, and inventor declarations. The claims define the scope of protection, and most of the drafting effort goes into them.
A USPTO examiner searches the prior art and issues an office action if there are objections or rejections. A response, usually with claim amendments and arguments, is generally due within three months, extendable for a fee to a maximum of six. Prioritized examination (Track One) is available for an additional fee when speed matters.
When the claims are allowed, a notice of allowance is issued, and payment of the issue fee leads to the grant of the patent. A US patent lasts up to 20 years from the filing date of the application, subject to any term adjustment.
Maintenance fees are due after grant, at 3.5, 7.5, and 11.5 years, to keep the patent in force. We docket these deadlines.
A Canadian application can be used to claim priority in the United States within 12 months under the Paris Convention, and a US filing can likewise support a Canadian one. The better order depends on where your market, manufacturing, and competitors are, and we help you decide.
Both countries give a 12 month grace period for your own public disclosure, but many other countries give none. If you may want protection abroad, file before you publish, demonstrate, sell, or otherwise disclose the invention.
| Applicant | How we act at the USPTO |
|---|---|
| Canadian-resident applicant | We file and correspond with the USPTO directly. |
| Applicant outside Canada | We draft and prosecute the application, and a US patent agent or attorney handles filing and formal USPTO correspondence. |
Flat fees are available for most stages of a filing, so you know the professional cost in advance. Responses to office actions are billed individually, since the scope of an examiner's objections varies too much to quote a flat rate in advance.
USPTO fees are separate from our professional fees, and small or micro entity status can reduce them where the applicant qualifies. Contact us for a quote.
See also our step by step guide to patenting in Canada, our page on PCT national phase entry in Canada, and our page for foreign associates and overseas law firms.
For Canadian-resident applicants, yes. Neil Teitelbaum is a registered Canadian patent agent who can file and correspond directly with the USPTO on behalf of applicants who reside in Canada.
Not when we act for you. As a Canadian-resident applicant, you are represented at the USPTO directly by the agent who drafted your application, without a US associate in between.
Yes. We draft and prosecute US applications for clients worldwide. For applicants who are not Canadian residents, filing and communications with the USPTO go through a US patent agent or attorney, with whom we coordinate.
Either can be filed first, with the other filed within 12 months claiming priority under the Paris Convention. The better order depends on where your market and competitors are, and we help you decide before you disclose the invention.
It commonly takes two to three years from filing to grant, and longer in some technologies. Prioritized examination (Track One) is available for an additional fee when a faster decision matters.
Last updated November 2026. This page provides general information only and is not legal advice. Deadlines and fees change, so please confirm the current requirements before acting.
Tell us about your invention or your pending US application, and we will explain your options and the likely costs.
EMAIL US ABOUT YOUR APPLICATION