PATENT FILING IN CANADA

Canadian Intellectual Property Office (CIPO) is responsible for administration and processing of greater 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 to CIPO’s guidelines.

 

High Level Cost Estimate for Filing
Description
Price
Official Fee
$400
Attorney Fee
$723.96
Translation Fee
NA
Total
$1123.96
Documents Required
  • Request to grant a patent.
  • A copy of International/PCT application.
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 additional fee, an early publication can also be performed if requested

3
STEP 3 : EXAMINATION

Request for examination has to be made within 60 months from the international filing (PCT’s) or from the national filing date (priority or not).

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 90 days from the date of issue of the FER.

5
STEP 5 : GRANT

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