Canadian patent: patent in Canada
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Patent Registration in Canada: A Quick Guide

Patent registration in Canada allows innovators to protect their inventions and inventions-in-progress from theft or unauthorized replication. This article discusses the process of patent registration in Canada, the legal requirements as well as the official fees involved during the procedure. Also read our article about trademark registration in Canada.

Contents

1. What can and cannot be patented in Canada?

2. What documents are required to register a patent in Canada?

3. Patent registration procedure in Canada

4. How much does a patent registration in Canada cost?

5. Final thoughts

1. What Can and Cannot be Patented in Canada?

 

A patent is a form of protection provided to inventors for their inventions and gives them the exclusive right to make, use, and sell their inventions for a certain period of time, usually 20 years from the date of filing. A patent is the most comprehensive form of intellectual property protection available in Canada.

 

To be patentable, an invention must be new, useful, and innovative:

  • New – an invention is the first of its kind in the world;
  • Useful – an invention works or has a useful function;
  • Innovative – an invention is a new development or an improvement of an existing technology that would not have been obvious to someone working in an area of specialty.

 

To be granted a patent, an invention must be:

  • a product (e.g., a door lock);
  • a composition (e.g., a chemical composition used in lubricants for door locks);
  • a machine (e.g., a machine for making door locks);
  • a process (e.g., a method for making door locks);
  • an improvement on any of these.

Inventions that can’t be patented:

  • disembodied ideas, concepts, or discoveries;
  • scientific principles and abstract theorems;
  • methods of medical treatment or surgery;
  • higher life forms;
  • forms of energy;
  • features of solely intellectual or aesthetic significance;
  • printed matter.

2. What Documents are Required to Register a Patent in Canada?

 

1. The petition for grant of a patent. It is a formal request for a patent that has to be completed. It consists of:

  • the title of a patent,
  • applicants’ name and address,
  • co-applicants’ names and addresses (if applicable).

2. Statement of entitlement. To apply for a patent, an applicant must provide one of the following statements:

    • an applicant or applicants are entitled to apply for a patent;
    • an applicant is the sole inventor of the subject matter;
    • applicants are all sole inventors of the subject matter.

3. Information about inventors. An applicant must provide the names and addresses of all inventors.

4. Abstract. An abstract is a short summary (150 words or fewer) that describes an invention and how it can be used. Abstracts are mainly used when searching patent databases.

5. Claims. Claims are the legal foundation that protects an invention.

6. Description. It should be clear enough so that anyone can use an invention using only the description provided.

7. Drawings. Whenever possible, it’s important to include a drawing of inventions.

8. Small entity declaration (if applicable). A small entity declaration is a declaration that states that an applicant is a small entity. It only needs to be provided once. The statement must refer to all applicants. It must be signed by an appointed patent agent or another authorized person.

9. Power of attorney (if applicable). It is an agent appointment document, in case there is one.

10. Priority document. It must be filed within 16 months starting from the earliest priority date or 4 months after the filing date.

3. Patent Registration Procedure in Canada

 

After an application is submitted, an examiner will review an application and provide a report. This report will explain whether an invention is patentable. If the examiner believes so, they will issue a Notice of Allowance and provide instructions for the next steps.

Formality examination

 

The application is checked for compliance with the formal requirements of the patent office, such as the availability of documents or the payment of official fees.

 

If an application does not meet the minimum requirements to get a filing date, an examiner will inform an applicant about missing information. The response must be provided within 2 months.

 

If an applicant responds by the deadline, the filing date becomes the latest date when the last missing was received document. If an applicant does not respond by the deadline, an application will be deemed to have never been filed.

Search and publication

 

The application will be available in the publicly accessible Canadian Patents Database 18 months after the filing date (or earliest priority date). Otherwise, an applicant can request the application to be open to public inspection earlier.

Examination

 

An examination process does not begin automatically. An applicant must request it within 4 years from the filing date.

If an applicant does not request it within the 4-year period, they will receive a notice and will have 2 months to request an examination. However, they will have to pay the late fee and examination fee.

 

Patent examiners often have questions or objections to claims in a patent application. To move forward, an applicant needs to fix the issues raised by the examiner in an application. If the application does not meet the legal requirements for patentability, the applicant will be sent the examiner’s report listing objection(s) and given a chance to respond.

 

The applicant should get the first examiner’s report within 14 months of requesting an examination. They have 4 months to respond after the mailing date of the examiner’s report. It takes 5 to 9 months to reconsider an application after an applicant has responded to the report.

 

If a patent application meets the requirements, an applicant will be sent a notice of allowance with the information about the fees to be provided. These are

  • a final fee;
  • an excess page fee for each page of the specification and drawings;
  • an excess claims fee for each claim over 20 that was not paid when requesting examination.

 

If the applicant does not pay the final fee by the deadline (4 months after the mailing date of the notice), the patent application is considered abandoned.

Maintenance fees are paid in advance, on or before each anniversary of the filing date, starting with the second anniversary.

Late payment is possible — within 2 months from an official notice or 6 months after the due date (whichever is later) by paying a corresponding late payment fee.

Granting of a patent

 

After all the fees are paid, the patent is officially granted. Once granted, the patent is published in the Canadian Patent Office journal and is enforceable in Canada for 20 years from the filing date.

4. How much does a patent registration in Canada cost?

 

As mentioned earlier, different fees must be paid during the patent application process and after a patent is granted. If an applicant is a small entity, they are entitled to benefits for the payment of official fees.

 

Fee typeStandard  Small entity 
Application fees$421.02$210.51
Request for examination fees$816.00$408.00
Fees for each claim in excess of 20$100$50
Final fees$306.00$153.00
For each page of specification and drawings, in excess of 100 pages$6.12$6.12
Maintenance fees
For the dates of each of the 2nd, 3d and 4th anniversaries of the filing date$100.00$50.00
For the dates of each of the 5th, 6th, 7th and 8th anniversaries of the filing date$210.51$100.00
For the dates of each of the 10th, 11th, 12th, 13th and 14th anniversaries of the filing date$263.14$125.00
For the dates of each of the 15th, 16th, 17th, 18th and 19th anniversaries of the filing date $473.65$236.83

The patent registration cost in Canada via the iPNOTE platform starts from as low as $1600, which includes all government fees (filing and examination) as well as document preparation. Find the best patent agent in Canada on iPNOTE.

5. Final thoughts

 

Patent registration in Canada can be a complicated process, requiring extensive knowledge of the applicable laws and regulations. Working with a qualified patent agent is important to ensure all necessary steps are taken. With the correct guidance and resources, the process of registering a patent in Canada can be carried out much easier.

 

***

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Look at our directory of patent attorneys in Canada.

 

Sign up for free, and we’ll help you solve any IP-related problem.

Other posts

AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?