Canadian National Phase Entry Requirements

The deadline for entering the Pational Phase in Canada is 30 months from the earliest date claimed in the PCT Request.

Our service fee for entering the National Phase

The professional fee is 980 USD.

The official filing fee for entering the national phase in Canada

The official fee is 361 USD (400 CAD).

A 50% discount is applicable for small entities.
In Canada, a "small entity", means an entity that employs 50 or fewer employees or that is a university. The definition does not include an entity that is controlled directly or indirectly by an entity, other than a university, that employs more than 50 employees; or has transferred or licensed or has an obligation, other than a contingent obligation, to transfer or license any right in the invention to an entity, other than a university, that employs more than 50 employees.

Select this option to request examination at the time of entering the national phase.
Examination must be requested within five years from the international filing date. If the request for examination is not received within that period, the application becomes abandoned. It may be reinstated within 12 months of abandonment on payment of the fee for requesting examination together with the request for reinstatement and the reinstatement fee.
In circumstances involving prejudice to the applicant, expedited examination can be requested. To request expedited examination, we must file a statement that the applicant would suffer prejudice should examination proceed in the normal course and pay a government fee. We will assume that expedited examination is not required unless you instruct us otherwise.

The professional fee is 220 USD.

The official fee is 722 USD (800 CAD).

Maintenance fees are payable on or before each of the 2nd, 3rd, and 4th anniversary of the international filing date.
Select this option to pay the 2nd, or 3rd anniversary maintenance fee.
Note that in Canada, only the agent of record is permitted to pay maintenance fees on a pending Canadian patent application. As such, we ask that you advise any annuity service you may be using that they must instruct us to pay the maintenance fees during the pendency of this application.

The professional fee is 160 USD.

The official fee is 90 USD (100 CAD).

In Canada it is possible to file a divisional application prior to issuance of a patent. However, there is a risk with voluntary divisional filings that the divisional application will be found un-allowable, or invalid, due to double patenting. Unlike the United States, Canada has no terminal disclaimer regime. As Canada has no excess claim fees or fees for multi-dependent claims, if the possibility of divisional filings is being contemplated, we recommend filing ALL claim sets prior to requesting examination. In the event CIPO issues a restriction requirement, any divisional application filed according to such restriction requirement will not be subject the same double-patenting concerns as a voluntary divisional.

The formal deadline for filing a Canadian PCT national phase is month 30. However, it is possible to extend this deadline to month 42 upon payment of a small additional fee. (Technically, a 'reinstatement fee' of $200). This extension is available as of right, without explanation.

Enter the Canadian National Phase