Canadian National Phase Entry

Our firm regularly assists foreign associates with seamless national phase entry before the Canadian Intellectual Property Office (CIPO), and further prosecution thereafter.

Filing Deadline

National phase entry in Canada must generally be completed within 30 months from the earliest priority date. Late entry may be possible in limited circumstances, but timely filing is strongly recommended to avoid added cost and risk.

Application Documents

To enter the Canadian national phase, the following minimum requirements are relevant:

• PCT application number and international filing date

• Applicant and inventor information

• Copy of the international application in English or French (if not published in either language)

• Payment of the basic national fee

Whilst assignment documents are not required at filing, we generally recommend providing one in support of the Applicant Entitlement Statement.

If the Applicant claims Small Entity Status, a declaration to this effect is required.

Language Requirements

Canadian patent applications may be filed in English or French. If the PCT application was published in another language, a full translation must be provided at the time of national phase entry.

Government Fees and Annuities

A basic official filing fee is payable upon national phase entry in Canada. 

Maintenance (annuity) fees are due annually, beginning on the second anniversary of the international filing date, and must be kept current to maintain the application in good standing.

Examination Request

Examination is not automatic in Canada. A separate request for examination must be filed within four years from the filing date, being the international filing date in the case of national phase entries, along with the applicable government fees.

Delaying examination is often strategically advantageous in order to open up options such as the Patent Prosecution Highway (PPH) when corresponding claims have been issued in other jurisdictions.

Claim Amendments

Voluntary claim amendments may be filed at national phase entry to align with Canadian practice or international prosecution strategy. Generally, however, voluntary claim amendments are deferred until such time as examination is requested.

Our Approach to Canadian National Phase Entries

After a quick turnaround time at national phase entry, our patent team works collaboratively with our foreign associates to ensure that applicants obtain valuable and defensible Canadian patents. We provide practical guidance at each step of the national phase in Canada, always being a phone or video call away.