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WIPO - PCT Applicant's Guide CA - 加拿大
加拿大知识产权局

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: Canadian Intellectual Property Office
    CPA: Canadian Patent Act
    CPR: Canadian Patent Rules
    [MT] 本文档中使用的货币列表 :
    CAD (加拿大元), CHF (瑞士法郎), EUR (欧元), USD (美元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    细则 49.6(f),
    细则 49ter.2(h)

    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    加拿大
    [MT] 两个字母代码 :
    CA
    [MT] 办公室名称:
    加拿大知识产权局
    [MT] 地点:
    50 Victoria Street
    Gatineau
    Quebec
    Canada K1A 0C9
    [MT] 邮寄地址 :
    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)
    [MT] 电话:
    Toll-free Canada and US
    (1-866) 997 19 36
    International
    (1-819) 934 05 44
    [MT] 电子邮件:
    ic.contact-contact.ic@ised-isde.gc.ca
    [MT] 网站地图
    [MT] 传真:
    (1-819) 953 24 76
    (1-819) 953 67 42
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    Yes, by facsimile
    [MT] 哪些类型的文件可以通过这种方式传送?
    All kinds of documents
    [MT] 是否在所有情况下都必须提供文件原件?
    No, only upon invitation
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    CA,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    Refer to corresponding National Phase.
    CA
    [MT] 通过PCT 提供的保护类型:
    Patents
    [MT] 办公室接受的付款方式:
    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
    The Bank of Nova Scotia (Scotiabank) is now the electronic fund transfer provider for CIPO. Additional information is available on the Office website.
    Important information: All electronic funds transfers (wire transfers or direct deposits) must be made through the Bank of Nova Scotia in Canadian dollars and be made payable to the Receiver General for Canada.
    The following information is needed to transfer funds to CIPO’s account:
    Name of banking institution:
    The Bank of Nova Scotia
    4715 Tahoe Blvd
    Mississauga ON L4W 0B4
    Canada
    SWIFT: NOSCCATT
    Institution number: 002
    Transit number: 47696
    Canadian Clearing Code/Routing Code: //CC000247696
    Beneficiary name: Receiver General for Canada
    Beneficiary account number: 476962102013
    Charges field: “OUR“
    Description field: 03326315 + customer identification information
    To avoid processing delays, it is suggested that the following information be included with any bank transfer:
    Contact information: the name and telephone number of the contact person
    Identification number: the deposit account number or your file number
    Request: replenishment, or another type of service
    In order to help identify the services required, the date of the bank transfer and a printout of the receipt must be sent by:
    Fax: 819-953-2476 or 819-953-6742
    Email: cipoclientservicesicu-opicservicealaclienteleuce@ised-isde.gc.ca
    In addition, it is necessary to send to the Office the right documentation for the service requested, with a cover letter that shows the amount and the date of the bank transfer, and the bank receipt by:
    Fax: 819-953-2476 or 819-953-6742
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    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.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    加拿大
    [MT] 国际申请可用语言提交:
    English,
    French
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    English,
    French,
    or both
    [MT] 请求书可用语言提交:
    English,
    French
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    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.
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
    [MT] 国际主管查询机关 :
    CA
    [MT] 国际初步审查主管机关 :
    CA
    Fees payable to the RO:
    [MT] 传输费用 :
    446.03 CAD
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    2,327 CAD
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    26 CAD
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    350 CAD
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    525 CAD
    [MT] 搜索费用:
    Refer to
    Annex D(CA)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    35 CAD
    — plus, per page
    1 CAD
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    None
    [MT] 接受局是否要求代理人?
    [MT] 谁可以担任代理人?
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    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
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    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

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    BZ,
    CA,
    IQ,
    JM,
    SA
    Fees payable to the ISA:
    [MT] 查询费(PCT规则16 ) :
    This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.
    2,380.26 CAD
    1,360 CHF
    1,460 EUR
    1,705 USD
    [MT] 附加查询费 (PCT规则40.2 ) :
    This fee is payable to the International Searching Authority and only in particular circumstances.
    2,380.26 CAD
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    [MT] 每项请求
    — in paper form, per page
    1 CAD
    [MT] 电子形式
    [MT] 头7兆字节
    13 CAD
    — plus, for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
    13 CAD
    [MT] 如何获取副本:
    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
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    — in paper form, per page
    1 CAD
    [MT] 电子形式
    [MT] 头7兆字节
    13 CAD
    — plus, for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
    13 CAD
    [MT] 抗辩费(PCT规则40.2(e) ) :
    None
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    None
    [MT] 退还条件和退还的搜索费用的数额:
    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
    [MT] 国际搜索接受的语言 :
    English,
    French
    [MT] 当一项国际申请要求从本局已搜索的先前申请中获得优先权时,本局是否接受对先前查询结果的非正式评论?
    [MT] 管理局是否要求核苷酸和/或氨基酸序列列表以电子形式提供(PCT规则13之三.1 )?
    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.
    是的
    [MT] 所需电子载体类型 :
    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
    [MT] 将不会搜索的主题:
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    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.
    [MT] 管理局是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    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.

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    BZ,
    CA,
    IQ,
    JM,
    SA
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    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.
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则58 ) :
    This fee is payable to the International Preliminary Examining Authority.
    1,190.13 CAD
    [MT] 额外初步审查费 (PCT规则68.3 ) :
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    1,190.13 CAD
    [MT] 处理费 (PCT规则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)).
    350 CAD
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    [MT] 每项请求
    — in paper form, per page
    1 CAD
    [MT] 电子形式
    [MT] 头7兆字节
    13 CAD
    — plus, for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
    13 CAD
    [MT] 如何获取副本:
    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
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    — in paper form, per page
    1 CAD
    [MT] 电子形式
    [MT] 头7兆字节
    13 CAD
    — plus, for each additional 10 megabytes or part thereof exceeding the first 7 megabytes
    13 CAD
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    None
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    None
    [MT] 预审费退还条件和退还金额:
    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%
    [MT] 国际初步审查可接受的语言 :
    English,
    French
    [MT] 不予审查的主题事项 :
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    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.
    [MT] 管理局是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    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.

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    Where applicant requests publication earlier than 16 months from the priority date, not later than that request
    [MT] 任何其他说明:
    None
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    None
    [MT] 其他资料
    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.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    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
    [MT] 专利局是否允许恢复权利(PCT规则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.
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished within the time limit applicable under PCT Article 22 or 39(1).
    English,
    French
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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
    [MT] 在特殊情况下是否需要国际申请副本?
    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).
    [MT] 局是否根据其国家法律 接受彩色图纸?
    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.
    [MT] 国家费用 :
    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. A “small entity” declaration can be provided as an attached document through MyCIPO Patents and should follow the form of the declaration set out at: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/patents/small-entity-declaration-tool.
    [MT] 基本国家费用
    595.06 CAD
    (241.24 CAD)
    [MT] 恢复权利费(延迟进入国家阶段)
    297.00 CAD
    [MT] 根据《加拿大专利规则》第154(4)条延迟付款的附加费
    150 CAD
    [MT] 进入国家阶段时应缴纳的每一年期的维护费,如果进入国家阶段是在国际申请日的第二周年或可能是第三周年之日或之后进行的
    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.
    134.02 CAD
    (60.26 CAD)
    [MT] 免除、减少或退还费用:
    Some fees in the national phase are reduced for applicants who qualify as small entities.
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    [MT] 谁可以担任代理人?
    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
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    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.

    [MT] 国家阶段的程序

    [MT] CA.01 进入国家阶段的表格
    It is strongly recommended that applicants use MyCIPO Patents at: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/patents/patent-applications-examination-and-patents/national-phase-entry-patent-cooperation-treaty-application to submit requests to enter the national phase. MyCIPO Patents 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.
    [MT] CA.02 翻译(更正)
    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.
    [MT] CA.03 程序所用语文
    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.
    [MT] CA.04 “小型实体”的费用减免
    CPR 44(2)
    Applicants that qualify as a “small entity” under subsection 44(2) of the Canadian Patent Rules (refer to definition in 10.02 Small entity fees of the Manual of Patent Office Practice (MOPOP) at: https://manuels-manuals.opic-cipo.gc.ca/w/ic/MOPOP-en) 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.
    [MT] CA.05 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex CA.I.
    [MT] CA.06 国家进入阶段后的遵守要求
    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.
    [MT] CA.07 代理人的任命
    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.
    [MT] CA.08 维护费
    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.
    [MT] CA.09 审查请求
    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.
    [MT] CA.10 请求审查的时限
    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.
    [MT] CA.11 申请审查的费用
    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.
    [MT] CA.12 赠款费
    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.
    [MT] CA.13 申请书的修改;时限
    CPA 38.2,
    CPR 99,
    CPR 100,
    CPR 101,
    CPR 102,

    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.
    [MT] CA.14 根据PCT第25条进行的复审

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] CA.15 在指定国家失效
    CPR 142

    The international application will cease to have effect in Canada in the circumstances listed under PCT Article 24(1).
    [MT] CA.16 会议时间限制延误的理由

    Reference is made to paragraphs NP 6.022 to NP 6.027 of the National Phase.
    [MT] CA.17 放弃后的恢复
    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.
    [MT] CA.18 未能遵守PCT第22条或第39(1)条规定的时限后的复审
    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.
    [MT] CA.19 延长期限
    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.
    [MT] CA.20 试图支付费用
    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.

    [MT] 附件 1

    [MT] 附件CA.I - 收费
    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.
    [MT] 基本国家费用 :
    [MT] (a) 小实体费
    241.24 CAD
    [MT] (b) 标准费用
    595.06 CAD
    [MT] 恢复权利费(延迟进入国家阶段)
    297.00 CAD
    [MT] 专利法第154条第(4)款规定的逾期缴费附加费
    150 CAD
    [MT] 关于申请延长专利期限的问题
    297.00 CAD
    [MT] 维护费用:
    [MT] — 在国际申请日第二、第三和第四周年之日或之前:
    [MT] (a) 小实体费
    60.26 CAD
    [MT] (b) 标准费用
    134.02 CAD
    [MT] — 在国际申请日第5、6、7、8和9周年之前:
    [MT] (a) 小实体费
    107.22 CAD
    [MT] (b) 标准费用
    297.00 CAD
    [MT] — 在国际申请日第10、11、12、13和14周年之前:
    [MT] (a) 小实体费
    134.02 CAD
    [MT] (b) 标准费用
    372.05 CAD
    [MT] — 在国际申请日第15、16、17、18和19周年之前:
    [MT] (a) 小实体费
    271.26 CAD
    [MT] (b) 标准费用
    669.05 CAD
    [MT] 根据该法第27.1(2)分节规定的逾期费
    150 CAD
    [MT] 申请审查的费用:
    [MT] (a) 申请人已向专员提交国际查询申请的:
    [MT] (一) 法律意见
    117.94 CAD
    [MT] (二) 标准费用
    297.00 CAD
    [MT] (b) 任何其他情况下:
    [MT] (一) 法律意见
    482.48 CAD
    [MT] (二) 标准费用
    1,190.13 CAD
    [MT] (c) 申请书中所列的每一项超过20项的权利要求的费用:
    [MT] (一) 法律意见
    58.97 CAD
    [MT] (二) 标准费用
    117.94 CAD
    [MT] 请求继续审查申请书 :
    [MT] (一) 法律意见
    482.48 CAD
    [MT] (二) 标准费用
    1,190.13 CAD
    [MT] 最终费用:
    [MT] (a) 小实体费
    181.20 CAD
    [MT] (b) 标准费用
    446.03 CAD
    [MT] 加上以电子形式提交的规格和图纸的每一页,超过100页的序列清单页数
    8.58 CAD
    (c) fee for each claim in excess of 20 that is included in the application in respect of which the fee set out in paragraph 10(b) of the Patent Rules was not paid with the request for examination:
    [MT] (一) 法律意见
    58.97 CAD
    [MT] (一) 标准费用
    117.94 CAD
    [MT] 如何支付费用?
    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.
    The Bank of Nova Scotia (Scotiabank) is now the electronic fund transfer provider for CIPO. Additional information is available on the Office website.
    Important information: All electronic funds transfers (wire transfers or direct deposits) must be made through the Bank of Nova Scotia in Canadian dollars and be made payable to the Receiver General for Canada.
    The following information is needed to transfer funds to CIPO’s account:
    Name of banking institution:
    The Bank of Nova Scotia
    4715 Tahoe Blvd
    Mississauga ON L4W 0B4
    Canada
    SWIFT: NOSCCATT
    Institution number: 002
    Transit number: 47696
    Canadian Clearing Code/Routing Code: //CC000247696
    Beneficiary name: Receiver General for Canada
    Beneficiary account number: 476962102013
    Charges field: “OUR“
    Description field: 03326315 + customer identification information
    To avoid processing delays, it is suggested that the following information be included with any bank transfer:
    Contact information: the name and telephone number of the contact person
    Identification number: the deposit account number or your file number
    Request: replenishment, or another type of service
    In order to help identify the services required, the date of the bank transfer and a printout of the receipt must be sent by:
    Fax: 819-953-2476 or 819-953-6742
    Email: cipoclientservicesicu-opicservicealaclienteleuce@ised-isde.gc.ca
    In addition, it is necessary to send to the Office the right documentation for the service requested, with a cover letter that shows the amount and the date of the bank transfer, and the bank receipt by:
    Fax: 819-953-2476 or 819-953-6742
    [MT] 表格
    Please refer to the Office.
    Current version applicable from 2026年1月1日 , printed on 2026年2月7日