INFORMATION REGARDING PATENTS & INDUSTRIAL DESIGNS IN CANADA
Due date for PCT national phase entry into Canada
Up to 30 months from the priority date, or up to 42 months from the priority date if accompanied by a late fee.
Minimum requirements for national phase entry
1. Identification of the PCT application for which national phase entry is requested
2. A copy of the PCT application if national phase entry is requested before the PCT application has been published
3. A translation of the PCT application into English or French if it was filed in another language
4. Any applicable government fees
There are no documents that are necessary to be signed by the applicant in order to meet the requirements for a Canadian national phase entry or direct patent or industrial design filing.
Grace period for disclosure of invention
Canada provides a grace period of 12 months from a non-confidential disclosure of the invention in Canada or elsewhere by the applicant or by someone who obtained knowledge of the invention directly or indirectly from the applicant. It is NOT sufficient for the Canadian application to have a priority date that falls within the 12 month grace period. The Canadian or PCT filing date must be within 12 months of the disclosure of the invention.
Examination of patent applications is not automatic; it must be requested anytime within 5 years from the Canadian filing date (or from the PCT filing date).
Reinstatement of an abandoned application
An applicant can reinstate an abandoned patent application within 12 months of abandonment by taking whatever action was missed and by payment of a reinstatement fee. There is no requirement to provide the patent office with an explanation of the reason for abandonment. There is no reinstatement for an application abandoned for more than 12 months.
The term of a Canadian patent is 20 years from the date of filing (or from the date of filing of the corresponding PCT application). The term of a Canadian industrial design is 10 years from the date it is granted by the patent office.
Maintenance fees are payable yearly on Canadian patent applications and patents, starting from the 2nd anniversary of the PCT filing date (or of the Canadian filing date if the application is not a national phase entry from a PCT application).
Yearly maintenance fees are not payable on Canadian industrial designs or applications, however a single renewal fee is payable 5 years from the grant of a design in order to maintain the design in force for the final 5 years of its 10 year term.
The Canadian patent office operates on a ‘first-to-file’ basis, as in other countries.