WIPO - PCT Applicant's Guide CA - Canada
Canadian Intellectual Property Office

Applicable as from 1 November 2024
(published on 1 October 2024)

Summary of latest changes in this version
RO: RO fees
ISA: ISA fees
IPEA: IPEA fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Jan 2024, 4 Apr 2024, 29 Jul 2024, Current Version

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.
In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
List of abbreviations used in this document:
Office: Canadian Intellectual Property Office
CPA: Canadian Patent Act
CPR: Canadian Patent Rules
List of currencies used in this document:
CAD (Canadian dollar), CHF (Swiss franc), EUR (Euro), USD (US dollar)
Countries and Offices information:
The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.
Office profile
For more technical information about the Office, refer to ePCT Office profile.
PCT Reservations, Declarations, Notifications and Incompatibilities
Rule 49.6(f), Rule 49ter.2(h)
Refer to the full list.
Office Closed dates
The Office is closed weekly on Saturday and Sunday
Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:
Canada
Two-letter code:
CA
Canada - Canadian Intellectual Property Office
Name of Office:
Canadian Intellectual Property Office
Location:
50 Victoria Street
Gatineau
Quebec
Canada K1A 0C9
Mailing address:
The Commissioner of Patents
Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street
Room C-114
Gatineau
Quebec
Canada
K1A 0C9 (Courier J8X 3X1)
Telephone:
Toll-free Canada and US
(1-866) 997 19 36
International
(1-819) 934 05 44
E-mail:
ic.contact-contact.ic@ised-isde.gc.ca
Online contact service:
Website:
Facsimile:
(1-819) 953 24 76
(1-819) 953 67 42
Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?
Yes, by facsimile
Which kinds of documents may be so transmitted?
All kinds of documents
Must the original of the document be furnished in all cases?
No, only upon invitation
Does the Office send notifications via e-mail in respect of international applications?
No
Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?
No
Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?
Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
Competent receiving Office(s) for international applications filed by nationals or residents of this State:
CA
Canada - Canadian Intellectual Property Office
, 
IB
International Bureau of the World Intellectual Property Organization (WIPO) - International Bureau of WIPO
Does national legislation restrict the filing of international applications with foreign Offices?
Refer to the Office
Competent designated (or elected) Office(s) for this State:
Refer to corresponding National Phase.
CA
Canada - Canadian Intellectual Property Office
Types of protection available via the PCT:
Patents
Payment methods accepted by the Office:
Refer to: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/payments-and-fees/methods-payment-accepted
The payment of fees must be effected in Canadian dollars. All payments must indicate the international application number, the name of the applicant and the category of fee being paid.
Fees may be paid by any of the following means:
— by credit card;
— by cheque/money order;
— by debit to a client deposit account held by the Office;
— by bank or wire transfer
All fees, including those for bank or wire transfers, must be made payable to the Receiver General of Canada
Payments by debit card are accepted only for the payment of copies of intellectual property documents in person at CIPO's headquarters, located at 50 Victoria Street, Place du Portage I, Room C229, Gatineau, Quebec
For bank or wire transfers, the following information is required to transfer funds to the Canadian Intellectual Property Office’s account:
Banking institution
Fédération des caisses Desjardins du Québec
1 Complexe Desjardins
South tower
15th floor
Montréal
Quebec
Canada, H5B 1B3
SWIFT
CCDQCAMM
Institution number
815
Transit number
98000
Beneficiary name
033-25638 - ISED
Beneficiary account number
MFI09704000815CAD0
Charges Field
“OUR”
Field description
Authorization number 033-25638
Please note that in order to avoid processing delays, it is suggested that the following information be included with any bank transfer:
Contact information
name and telephone number of contact person
Identification number
deposit account number / your file number
Request
replenishment / type of service
In order to help identify the services required, it is suggested that applicants:
e-mail
ciofinanceandadministration-bpifinanceetadministration@ised-isde.gc.ca
or fax
819-953-CIPO (2476)
819-953-OPIC (6742)
the Office with the date of the bank transfer and a copy of the receipt
Please note that applicants are responsible for any transaction fees charged by their banking institution. If an applicant fails to take this into account, and transaction fees are deducted from the amount sent, the Office will need to contact the applicant in order to obtain the difference and obtain the exact amount required for the requested service. Fees are only considered to be paid when the full amount of the fee has been received by the Office. The deduction of transaction fees from the amount sent could result in the required fee not having been paid by the due date.
Availability under the national law for an international-type search (PCT Article 15):
None
Provisional protection after international publication:
After the patent is granted, the applicant is entitled to claim, pursuant to subsection 55(2) of the Patent Act of Canada and section 157 of Canada’s Patent Rules, reasonable compensation for the period after the international publication of the international application and before the grant of the patent if the publication is in English or French. If the publication is in another language, such claim may be made from the laying open in Canada of the translation of the international application into English or French.
Information of interest if this Contracting State is designated (or elected)
Time when the name and address of the inventor must be given:
May be in the request or may be furnished later. If the information is not furnished within the time limit applicable under PCT Article 22 or 39(1) or, where the applicant requests an earlier start of the national phase under PCT Article 23(2) or 40(2), if the information is not furnished by the national phase entry date, the Office will invite the applicant to comply with the requirement within three months from the date of the invitation.
Are there special provisions concerning the deposit of microorganisms and other biological material?
Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:
Canada
Language in which international applications may be filed:
English, 
French
Language accepted for language-dependent free text in the sequence listing:
English, 
French, 
or both
Language in which the request may be filed:
English, 
French
Number of copies required by the receiving Office if application filed on paper:
1
Does the receiving Office accept the filing of international applications in electronic form?
Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).
Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.
For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 29 January 2015, pages 19 et seq.
Yes, the Office accepts electronic filing via a two-step filing process. The application may be prepared and downloaded using WIPO’s ePCT-Filing service and submitted using CIPO’s PCT e-Filing service. Refer to: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/patents/patent-application-and-examination/patent-cooperation-treaty-pct-e-filing
Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?
Yes, any format
Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?
Yes
Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?
As RO, the Office accepts the submission of color or greyscale drawings or photographs. However they are converted to black and white for examination and publication purposes and will be identified as defects if the conversion is not clear. The originally filed application, which includes the color drawings, is transmitted to the IB and these color drawings will be visible in PatentScope under the “Application Body as Filed” tab.
Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?
Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
Competent International Searching Authority:
CA
Canada - Canadian Intellectual Property Office
Competent International Preliminary Examining Authority:
CA
Canada - Canadian Intellectual Property Office
Fees payable to the RO:
Transmittal fee:
416 CAD
International filing fee:
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
2,120 CAD
Fee per sheet in excess of 30:
This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
24 CAD
Reductions (under Schedule of Fees, item 4):
Electronic filing (the request in character coded format):
319 CAD
Electronic filing (the request, description, claims and abstract in character coded format):
478 CAD
Search fee:
Refer to
Annex D(CA)
Fee for priority document (PCT Rule 17.1(b)):
35 CAD
plus, per page 1 CAD
Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):
None
Is an agent required by the receiving Office?
No
Who can act as agent?
An applicant may appoint all of the patent agents who work at the same firm to represent them in respect of their application
An individual who holds a patent agent licence or a patent agent in training licence issued by the College of Patent Agents and Trademark Agents
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Office waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant
Has the Office waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:
BZ
Belize - Belize Intellectual Property Office
, 
CA
Canada - Canadian Intellectual Property Office
, 
IQ
Iraq - Iraqi Patent Office (IQPO)
, 
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
, 
SA
Saudi Arabia - Saudi Authority for Intellectual Property (SAIP)
Fees payable to the ISA:
Search fee (PCT Rule 16):
This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
2,220 CAD
1,393 CHF
1,549 EUR
1,631 USD
Additional search fee (PCT Rule 40.2):
This fee is payable to the International Searching Authority and only in particular circumstances.
2,220 CAD
Fee for copies of documents cited in the international search report (PCT Rule 44.3):
For each request
— in paper form
per page 1 CAD
— in electronic form
— for the first 7 megabytes
13 CAD
— for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
plus 13 CAD
How to obtain copies:
The Authority provides applicants with a first copy of each non-patent literature (NPL) document cited in the international search report, free of charge. A first copy of each NPL document cited is available to designated (elected) Offices upon request, free of charge
Additional copies of NPL documents and copies of published patent documents are available to both applicants and designated (elected) Offices upon request, subject to the payment of the fee(s) mentioned above
Requests for copies of documents should be sent to: cipopbpctpractice-opicpratiquepctdb@ised-isde.gc.ca
Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):
— in paper form
per page 1 CAD
— in electronic form
— for the first 7 megabytes
13 CAD
— for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
plus 13 CAD
Protest fee (PCT Rule 40.2(e)):
None
Late furnishing fee (PCT Rule 13ter.1(c)):
None
Conditions for refund and amount of refund of the search fee:
Money paid by mistake, without cause, or in excess, will be refunded
Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%
Where the applicant requests the Authority to take into account the results of an earlier search, and the Authority benefits from that earlier search:
Up to 25% of the search fee shall be refunded, depending upon the extent to which the Authority benefits from that earlier search
Languages accepted for international search:
English, 
French
Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?
No
Does the Authority require that nucleotide and/or amino acid sequence listings be furnished in electronic form (PCT Rule 13ter.1)?
Sequence listings can be submitted electronically through the Office’s general correspondence web service at: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr01970.html.
Yes
Types of electronic carrier required:
The entire electronic copy of the sequence listing and identifying data should be contained within one text file on a single diskette, CD-ROM or DVD
Subject matter that will not be searched:
The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Canadian patent law
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Authority waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant.
Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant.

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:
The Canadian Intellectual Property Office may act as International Preliminary Examining Authority only if the international search is or has been performed by that Office.
BZ
Belize - Belize Intellectual Property Office
, 
CA
Canada - Canadian Intellectual Property Office
, 
IQ
Iraq - Iraqi Patent Office (IQPO)
, 
JM
Jamaica - Jamaica Intellectual Property Office (JIPO)
, 
SA
Saudi Arabia - Saudi Authority for Intellectual Property (SAIP)
Fees payable to the IPEA:
Preliminary examination fee (PCT Rule 58):
This fee is payable to the International Preliminary Examining Authority.
1,110 CAD
Additional preliminary examination fee (PCT Rule 68.3):
This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
1,110 CAD
Handling fee (PCT Rule 57.1):
This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
319 CAD
Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):
For each request
— in paper form
per page 1 CAD
— in electronic form
— for the first 7 megabytes
13 CAD
— for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
plus 13 CAD
How to obtain copies:
A first copy of additional non-patent literature (NPL) documents not cited in the international search report is available to both applicants and elected Offices upon request, free of charge.
Additional copies of NPL documents and published patent documents are available to both applicants and elected Offices upon request, subject to the payment of the fee(s) mentioned above
Requests for copies of documents should be sent to: cipopbpctpractice-opicpratiquepctdb@ised-isde.gc.ca
Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):
— in paper form
per page 1 CAD
— in electronic form
— for the first 7 megabytes
13 CAD
— for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
plus 13 CAD
Protest fee (PCT Rule 68.3(e)):
None
Late furnishing fee (PCT Rule 13ter.2):
None
Conditions for refund and amount of refund of the preliminary examination fee:
Money paid by mistake, without cause, or in excess, will be refunded
In the cases provided for under PCT Rule 58.3:
refund of 100%
If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%
Languages accepted for international preliminary examination:
English, 
French
Subject matter that will not be examined:
The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of Canadian patent law
Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?
No
Waiver of power of attorney:
Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).
Has the Authority waived the requirement that a separate power of attorney be submitted?
Yes
Particular instances in which a separate power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant.
Has the Authority waived the requirement that a copy of a general power of attorney be submitted?
Yes
Particular instances in which a copy of a general power of attorney is required:
Where an agent or a common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant.

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices
Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
For a list of these institutions refer to:
http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)
Notifications related thereto may be consulted under:
http://www.wipo.int/treaties/en/registration/budapest/
Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
http://www.wipo.int/budapest/en/guide/index.html
Time (if any) earlier than 16 months from priority date by which applicant must furnish:
— the indications prescribed in Rule 13bis.3(a)(i) to (iii):
Where applicant requests publication earlier than 16 months from the priority date, not later than that request
— any additional indications:
None
Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:
None
Additional information
If an applicant wishes that, until either a Canadian patent has been issued on the basis of an application or the application has been refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, the Commissioner of Patents only authorizes the furnishing of a sample of deposited biological material referred to in the application to an independent expert nominated by the Commissioner, the applicant must, by a written statement, inform the International Bureau accordingly before completion of technical preparations for publication of the international application. Such statement must be separate from the description and claims of the international application and must preferably be made on Form PCT/RO/134, referred to in Section 209 of the Administrative Instructions under the PCT.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:
12 months after the 30-month deadline (30 months from the priority date) provided the applicant pays the fee for reinstatement of rights and meets the other requirements outlined in subsection 154(3) of the Canadian Patent Rules for the reinstatement of rights (late entry into the national phase)
Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date
Does the Office permit reinstatement of rights (PCT Rule 49.6)?
The Office has submitted a notice of incompatibility of PCT Rule 49.6 with its national law. However, the Office does, as a designated office, permit reinstatement of rights under subsection 154(3) of the Canadian Patent Rules.
Translation of international application required into (one of) the following language(s):
Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
English, 
French
Required contents of the translation for entry into the national phase:
Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
Under PCT Article 22: Description, other than any sequence listings, claims, if the description or claims contained in the international application are entirely in a language other than English or French (if amended, as amended only, together with any statement under PCT Article 19)
Under PCT Article 39(1): Description, other than any sequence listings, claims, if the description or claims contained in the international application are entirely in a language other than English or French (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)
Applicants may enter the national phase with untranslated portions of the description or claims only where those elements of the international application are partly in a language other than English or French; however, untranslated text matter will not be taken into account for the purpose of interpreting the scope of protection sought or obtained
Is a copy of the international application required in particular circumstances?
The applicant is only required to send a copy of the international application if the application enters the national phase prior to the publication of the international application. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2).
Does the Office accept color drawings under its national law?
No. Drawings must be in black, sufficiently dense and dark, well-defined lines to permit legible reproduction and must not be photographs (Canadian Patent Rules subsection 59(1)). However, if an invention does not admit of illustration by means of drawings but does admit of illustration by means of photographs, the applicant may furnish photographs (Canadian Patent Rules, subsection 59(2)). Any such photograph can contain colour.
National fees:
Must be paid within the time limit applicable under PCT Article 22 or 39(1).
The amount in parentheses is applicable only if the applicant is entitled to pay fees at the “small entity” level. In order to be entitled to pay the reduced fee, a signed “small entity” declaration compliant with subsection 44(3) of the Canadian Patent Rules must, within the applicable time limit set out in subsection 154(1)(c)(i), 154(2)(a), 154(3)(a)(iii)(A), 154(3)(b)(i)(A) and 154(3)(b)(ii)(A) of the Canadian Patent Rules, be made by the applicant or the agent on the applicant’s behalf (the declaration shall preferably follow the form of the declaration set out in the PCT Applicant’s Guide, National Phase, Annex CA.II).
Basic national fee
555 CAD
(225 CAD)
Fee for reinstatement of rights (late entry into the national phase)
277 CAD
Additional fee for late payment under sub-section 154(4) of the Canadian Patent Rules
150 CAD
Maintenance fee in respect of each one-year period due at the time of entry into the national phase where that entry is effected on or after the 2nd or possibly 3rd anniversary of the international filing date
Where PCT Article 22 or 39(1) applies, this fee is due within 24 months from the international filing date or within 30 months from the priority date if that time limit expires later or, provided the applicant pays the fee for reinstatement of rights for late entry into the national phase, within 12 months after the 30-month deadline.
100 CAD
(56.21 CAD)
Exemptions, reductions or refunds of fees:
Some fees in the national phase are reduced for applicants who qualify as small entities.
Special requirements of the Office (PCT Rule 51bis):
The name and postal address of each inventor
A statement that either:
(i) the applicant/applicants is/are entitled to apply for a patent,
(ii) the applicant is the sole inventor or, if there are joint applicants, the applicants are all inventors and the sole inventors, or
(iii) a declaration in accordance with Rule 4.17(ii) of the Regulations under the PCT.
If the Commissioner reasonably doubts that the person who entered the national phase is the applicant of the international application or his/her legal representative, the Commissioner will require evidence to establish ownership rights in the international application
An applicant may provide documentation with the request to enter the national phase establishing how the person who entered the national phase is the applicant of the international application or the legal representative. Such documentation may include: Form PCT/IB/306, a document effecting the transfer of rights, or a change of name document.
Appointment of an agent if the applicant is not the inventor
Evidence of the consent of the appointment of the patent agent is required when the document appointing that agent is submitted by someone other than the patent agent being appointed
Who can act as agent?
An applicant may appoint all of the patent agents who work at the same firm to represent them in respect of their application
An individual who holds a patent agent licence or a patent agent in training licence issued by the College of Patent Agents and Trademark Agents
Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?
Yes
Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?
The Office does not accept requests under PCT Rule 49ter.2 but does, as a designated Office, accept requests for restoration of the right of priority under subsection 28.4(6) of the Canadian Patent Act and section 77 of the Canadian Patent Rules.

The procedure in the national Phase

CA.01 FORM FOR ENTERING THE NATIONAL PHASE
Applicants are encouraged to use the National Entry Request (NER) online solution at: https://s1.ised-isde.canada.ca/opic-cipo-brevets-patents-pct-nationale-national to submit requests to enter the national phase. The National Entry Request (NER) online solution allows users to comply with all requirements to enter the national phase in Canada. Any information not provided directly on screen may be provided via an attached document. An optional form for entering the national phase is also available (refer to Annex CA.II).
CA.02 TRANSLATION (CORRECTION)
CPR 155.2(2)
Errors in the translation of the international application may be corrected by the applicant before the day on which a notice of allowance or notice of conditional allowance is sent by submitting the corrected translation and a required statement in accordance with subsection 155.2(2) of the Canadian Patent Rules.
CA.03 LANGUAGE OF PROCEEDINGS
CPR 15(1)
The language of correspondence is either English or French at the choice of the applicant, irrespective of the language of the international application or its translation.
CA.04 FEE REDUCTION FOR “SMALL ENTITY”
CPR 44(2)
Applicants that qualify as a “small entity” under subsection 44(2) of the Canadian Patent Rules (refer to definition in Annex CA.III) are entitled to pay certain fees at a reduced rate. In order to be entitled to benefit from the “small entity” fee schedule, a signed “small entity” declaration must be submitted in accordance with subsection 44(3) of the Canadian Patent Rules within the applicable time limit. Paragraph 7 of the special form referred to in paragraph CA.01 (refer to Annex CA.II) indicates the kind of statement to be made in order to pay certain fees at the “small entity” level.
CA.05 FEES (MANNER OF PAYMENT)
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CA.I.
CA.06 COMPLIANCE REQUIREMENTS AFTER NATIONAL PHASE ENTRY
CPR 155.5(6), CPR 65
Upon entry into the national phase in Canada, an applicant may be required by notice to submit any of the following: a translation of the abstract, a translation of the PCT Article 4 request (RO/101), a complete copy of the claims, description, drawings, or sequence listing that contains translated text matter and text matter already appearing in English or French, a part of the application that may be missing, information relating to inventorship and entitlement or an appointment of a patent agent.
CA.07 APPOINTMENT OF AGENT
CPA 15.1, CPR 27, CPR 28
An agent may be appointed by submitting to the Commissioner a notice in accordance with subsection 27(3) of the Canadian Patent Rules.
If a person, other than a patent agent, submits to the Commissioner a document appointing a patent agent, other than an associate patent agent, the appointment is not effective until evidence of the consent to that appointment by the patent agent who is being appointed is submitted to the Office.
CA.08 MAINTENANCE FEES
CPA 27.1, CPA 73(1)(c), CPA 73(3), CPR 68(1), CPR 69, CPR 154(1), CPR 154(2), CPR 154(3)
Maintenance fee payments are due on or before each anniversary of the international filing date, starting with the second anniversary. Where the applicant fails to pay by the due date a late payment fee will also be due. A notice will be sent to the applicant indicating that the maintenance fee and the late fee must be paid before the later of six months from the maintenance fee due date or two months from the date of the notice. If the maintenance fee and the late fee are not paid within the late fee period the application will be deemed abandoned or, in the case of a patent, the term limited for the duration of the patent will be deemed to have expired.
An application that is deemed abandoned can be reinstated within 12 months of the date of abandonment upon payment of the maintenance fee and the late payment fee together with a request for reinstatement and the reinstatement fee. The deemed expiry of a patent can be reversed within 12 months after the end of the six months after the original maintenance fee due date upon payment of the maintenance fee and the late payment fee, together with a request to reverse the deemed expired and payment of the additional prescribed fee. In order to reinstate an abandoned application or reverse the deemed expiry of the patent (for a patent) the applicant or patentee must also demonstrate that the failure to pay the maintenance fee and the late fee occurred in spite of due care required by the circumstances having been taken.
It is to be noted that, where the 30-month time limit under PCT Article 22 or 39(1) and subsections 154(1) and (2) of the Canadian Patent Rules applies, or where the 30 plus 12-month time limit under PCT Article 22 or 39(1) and subsection 154(3) applies, a maintenance fee which is or maintenance fees which are due at an earlier date can be paid without a surcharge up to the expiry of the 30-month time limit or the 30 plus 12-month time limit, respectively. The maintenance fees can be paid yearly or for any number of years in advance. The amount of the maintenance fees is indicated in Annex CA.I.
CA.09 REQUEST FOR EXAMINATION
CPA 35(1), CPR 79, CPR 81(1)
A patent will be granted only after examination as to patentability. A formal request to for examination must be submitted to the office. Examination may be requested by the applicant or by a third party. There is no special form for the request. Following a request for examination, an examiner will send up to the maximum of three examiner reports. After the third report is sent, the applicant will be required to request continued examination. After requesting continued examination, the examiner will send a maximum of two additional examiner reports. After the second additional report is sent, the applicant will be required to make a subsequent request for continued examination. There is no limit to the number of requests for continued examination that can be made.
CA.10 TIME LIMIT FOR REQUESTING EXAMINATION
CPA 73(1)(d), CPA 73(3), CPR 81(1)
Examination must be requested within four years from the international filing date where the filing date of the application is on or after 30 October 2019, or within five years of the international filing date where the filing date of the application is before 30 October 2019. If the request for examination is not received within that period, the applicant will be notified. The applicant has to make a request for examination and pay the late fee before two months from the date of the notice to avoid abandonment. If the application is deemed abandoned, it may be reinstated within 12 months of abandonment on payment of the fee for requesting examination together with the late fee, the request for reinstatement and the reinstatement fee. If the request for reinstatement is made after six months from the due date for requesting examination, the applicant must also demonstrate that the failure to make the request for examination, pay the fee for examination and pay the late fee occurred in spite of due care required by the circumstances having been taken. The amounts of the fees are indicated in Annex CA.I.
CA.11 FEE FOR REQUESTING EXAMINATION
CPR 80(1)
The request for examination is effective only if the fee for requesting examination (including a fee for each claim in excess of 20 included in the application) has been paid. The amount of the fee is indicated in Annex CA.I. The basic fee for examination fee is reduced where the international search report has been established by the Canadian Intellectual Property Office.
CA.12 FEE FOR GRANT
CPR 86(1), CPR 86(6), CPR 86(10), CPR 86(12)
A “final fee”, a fee for each page of the specification and drawings in excess of 100 pages, a fee for each claim in excess of 20 included in the application in respect of which the fee was not paid when requesting examination must be paid within four months after the date of the notice of allowance or conditional notice of allowance. The amounts of the fees are indicated in Annex CA.I.
CA.13 AMENDMENT OF THE APPLICATION; TIME LIMITS
CPA 38.2, CPR 99, CPR 100, CPR 101, CPR 102, PCT Art. 28, PCT Art. 41
Amendments may be made in the national phase:
(i) up to allowance of the application either on the applicant’s own volition or in response to an action by the examiner, provided that no new matter is introduced into the disclosure of the invention;
(ii) after allowance, but before payment of the final fee, amendments may be made if, from the specification and the drawings contained in the application for a patent on the day on which the notice of allowance was sent, it is obvious that something other than what appears in the specification and the drawings was intended and that nothing other than the proposed amendment could have been intended.
(iii) after conditional allowance, when the examiner has allowed the application subject to certain amendments being made and has informed the applicant by issuance of a Conditional Notice of Allowance that they are required to make those amendment or submit arguments as to why the application complies with the Canadian Patent Act and Rules, the amendments can be made to address the defects set out in the Conditional Notice of Allowance.
CA.14 REVIEW UNDER ARTICLE 25 OF THE PCT
PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the Federal Court.
CA.15 LOSS OF EFFECT IN DESIGNATED STATE
PCT Art. 24(1), CPR 142
The international application will cease to have effect in Canada in the circumstances listed under PCT Article 24(1).
CA.16 EXCUSE OF DELAYS IN MEETING TIME LIMITS
PCT Art. 48(2), PCT Art. 58(8), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.
CA.17 REINSTATEMENT FOLLOWING ABANDONMENT
CPA 73, CPR 132, CPR 133, CPR 134, CPR 135
Reinstatement may be requested where the applicant failed to comply with requirements set out in a notice within a prescribed time. A request for reinstatement must be made within 12 months of the date of abandonment and the applicant must complete the omitted act (including payment of a late fee in some cases) and pay the reinstatement fee (indicated in Annex CA.I). In addition, reinstatement following failure to pay a maintenance fee and late fee, or request examination and pay the fee for requesting examination and the late fee may require the applicant to demonstrate that the failure occurred in spite of due care required by the circumstances having been taken as described in paragraphs CA.08 and CA.10 above.
CA.18 REINSTATEMENT FOLLOWING FAILURE TO MEET PCT ARTICLE 22 or 39(1) TIME LIMIT
CPR 154(3)
In the case of failure to comply with the time limit applicable under PCT Article 22 or 39(1) for entering the national phase, the applicant may comply by:
— meeting with the regular requirements to enter national phase (including paying the appropriate basic national entry fee and outstanding maintenance fees),
— submitting to the Commissioner a request that the rights of the applicant be reinstated with respect to that international application and a statement that the failure was unintentional (applicable only if the filing date of the application is on or after 30 October 2019),
— paying the fee for reinstatement of rights (indicated in Annex CA.I) within 12 months of the time limit.
CA.19 EXTENSION OF TIME
CPA 78, CPR 3
Subject to certain exceptions, including time limits for payment of the basic national fee, maintenance fees and for requests for examination, extension of a time limit may be requested provided the time limit is prescribed by the Canadian Patent Rules or fixed by the Commissioner. An extension of time may be requested before the expiry of the time limit and on payment of a fee (the amount of which is indicated in Annex CA.I). The request must satisfy the Commissioner that the circumstances justify the extension.
CA.20 ATTEMPT TO PAY FEES
CPR 154(4)
Where an applicant attempts to enter the national phase within 12 month after 30 months from the priority date but does not pay all of the required fees, the fees will be deemed paid before the deadline (30 plus 12 months) under the following conditions:
Where an applicant attempts to enter the national phase late (i.e. any time between 30-42 months), and does not pay all of the required fees (i.e. basic entry fee, any required maintenance fees, fee for reinstatement of rights), but the applicant communicated the intention to pay some or all of the required fees, the fees will be deemed paid on the day the communication was received, if those fees are paid, together with the additional fee for late payment, after the deadline to enter national phase late (i.e. after 42 months) and not later than two months after the date the communication indicating the applicant’s intention to pay the fees was received.

Annexes

Annex CA.I - Fees
A full list of fees, including other prescribed fees not mentioned above is available at: http://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr00142.html.
Basic national fee:
(a) small entity fee
225 CAD
(b) standard fee
555 CAD
Fee for reinstatement of rights (late entry into the national phase)
277 CAD
Additional fee for late payment under subsection 154(4) of the Patent Rules
150 CAD
On applying for an extension of time under Section 3 of the Patent Rules
277 CAD
Maintenance fees:
— on or before each of the 2nd, 3rd, and 4th anniversary of the international filing date:
(a) small entity fee
56.21 CAD
(b) standard fee
125 CAD
— on or before each of the 5th, 6th, 7th, 8th and 9th anniversary of the international filing date:
(a) small entity fee
100 CAD
(b) standard fee
277 CAD
— on or before each of the 10th, 11th, 12th, 13th and 14th anniversary of the international filing date:
(a) small entity fee
125 CAD
(b) standard fee
347 CAD
— on or before each of the 15th, 16th, 17th, 18th and 19th anniversary of the international filing date:
(a) small entity fee
253 CAD
(b) standard fee
624 CAD
Late fee under subsection 27.1(2) of the Act
150 CAD
Fee for requesting examination of an application:
(a) if the application has been the subject of international search by the Commissioner:
(i) small entity fee
110 CAD
(ii) standard fee
277 CAD
(b) in any other case:
(i) small entity fee
450 CAD
(ii) standard fee
1,110 CAD
(c) fee for each claim in excess of 20 that is included in the application:
(i) small entity fee
55 CAD
(ii) standard fee
110 CAD
Request for continued examination of an application:
(i) small entity fee
450 CAD
(ii) standard fee
1,110 CAD
Final fee:
(a) small entity fee
169 CAD
(b) standard fee
416 CAD
plus for each page of specification and drawings other than pages of a sequence listing submitted in electronic form, in excess of 100 pages
plus 8 CAD
(c) fee for each claim in excess of 20 that is included in the application in respect of which the fee was not paid with the request for examination:
(i) small entity fee
55 CAD
(i) standard fee
110 CAD
How can payment of fees be effected?
The payment of fees must be effected in Canadian dollars. All payments must indicate the national application number if it is known (otherwise the international application number may be used), the name of the applicant and the category of fee being paid
Fees may be paid by any of the following means:
— by credit card;
— by cheque/money order;
— by debit to a client deposit account held by the Office;
— by bank or wire transfer
All fees, including those for bank or wire transfers, must be made payable to the Receiver General of Canada
Payments by debit card are accepted only for the payment of copies of intellectual property documents in person at CIPO's headquarters, located at 50 Victoria Street, Place du Portage I, Room C229, Gatineau, Quebec.
For bank or wire transfers, the following information is required to transfer funds to the Canadian Intellectual Property Office’s account:
Banking institution
Fédération des caisses Desjardins du Québec
1 Complexe Desjardins
South tower
15th floor
Montréal
Quebec
Canada, H5B 1B3
SWIFT
CCDQCAMM
Institution number
815
Transit number
98000
Beneficiary name
033-25638 - ISED
Beneficiary account number
MFI09704000815CAD0
Charges Field
“OUR”
Field description
Authorization number 033-25638
Please note that in order to avoid processing delays, it is suggested that the following information be included with any bank transfer:
Contact information
name and telephone number of contact person
Identification number
deposit account number / your file number
Request
replenishment / type of service
In order to help identify the services required, it is suggested that applicants:
e-mail
ciofinanceandadministration-bpifinanceetadministration@ised-isde.gc.ca
or fax
819-953-CIPO (2476)
819-953-OPIC (6742)
the Office with the date of the bank transfer and a copy of the receipt
Please note that applicants are responsible for any transaction fees charged by their banking institution. If an applicant fails to take this into account, and transaction fees are deducted from the amount sent, the Office will need to contact the applicant in order to obtain the difference and obtain the exact amount required for the requested service. Fees are only considered to be paid when the full amount of the fee has been received by the Office. The deduction of transaction fees from the amount sent could result in the required fee not having been paid by the due date.
Forms
The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.
Annex CA.II - National processing form
Annex CA.III - Definition of “small entity”
Current version applicable from 1 Nov 2024 , printed on 21 Nov 2024
2.0 #63 - 2024-11-04T12:26:35.870+01:00