PATENT FILING IN CANADA

Canadian Intellectual Property Office (CIPO) is responsible for the administration and processing of a large part of intellectual property (IP) in Canada. CIPO is a Special Operating Agency (SOA) associated with Innovation, Science and Economic Development in Canada.

CIPO's objective is to deliver high-quality and timely IP services to customers, and to increase awareness, knowledge, and effective use of IP. GPF, along with Khurana and Khurana, Advocates and IP Attorneys (K&K), has tremendous experience in dealing with Patent Filing / Prosecution as per Canadian Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent. Our patent filing procedure is in compliance with CIPO’s guidelines.

 

High Level Cost Estimate for Filing
Description
Price
Official Fee
$ 418
Attorney Fee
$ 750
Translation Fee
USD 10 per 100 words
Total
$ 1,168   Translation Fee: USD 10 per 100 words
Documents Required
  • Power of Attorney.
  • Declaration to be submitted by the Applicant/Inventor.
  • PCT Application Details / Priority Application Details.
  • Fee Correspondence document.
  • Translation if the application is in a language other than English or French.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent application can be filed in Canada as any of the following applications in English/French:

  • Paris Convention based national entry.

  • PCT National Phase based national entry.

2
STEP 2 : PUBLICATION

  • Ordinarily, publication is done within 18 months of the priority date. By paying an additional fee, an early publication can also be performed if requested.

3
STEP 3 : EXAMINATION

  • Request for examination has to be made within 4 years from the filing/priority date (5 years, if the filing date was before October 30, 2019).

4
STEP 4 : PROSECUTION

  • At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements, response to which must be filed within 120 days from the date of issue of the FER.

5
STEP 5 : GRANT

  • Annuity for the 2nd year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.