Filing rules by country

Canada

Patent filing & translation requirements

Below we’ve listed the patent filing and translation requirements. Whilst we endeavour to ensure these regulations remain up-to-date, they are subject to change. We advise you check with the local patent office or relevant counsel regarding any questions about country specific regulations.

PCT Route: filing & translation requirements

Language

English or French

Filing Deadline

30 months

Filing Extension

12 months
Requiress declaring that the failure to file on time was unintentional.

Translation Extension

No
N/A
No
N/A

Power of Attorney

General POA Accepted

N/A
No
Statement of Entitlement: The applicant has to state that it is entitled to file on behalf of inventors. Assignment: It is recommended to submit at the latest with payment of final (issue) fee. Not mandatory at the time of filing.

Assignments Required

Excess Claims Fee Due at Filing

No

Claims Amendment Possible at Filing

Yes

Fee for Amending Claims at Filing

No
Due within 4 years if filed on or after 10/30/2019. Due within 5 years if filing date is before 10/30/2019.
N/A

Request for Examination Deadline

Can Examination be requested at filing?

Yes
Yes
N/A

Patent Prosecution Highway

Direct Route: filing & translation requirements

Language

English or French

Filing Deadline

12 months

Filing Extension

2 months

Translation Extension

No
N/A
No
N/A

Power of Attorney

General POA Accepted

N/A
No
Statement of Entitlement: The applicant has to state that it is entitled to file on behalf of inventors. Assignment: It is recommended to submit at the latest with payment of final (issue) fee. Not mandatory at the time of filing

Assignments

Excess Claims Fee Due at Filing

No

Amended Claims Submitted at Filing

Yes

Fee for Amending Claims at Filing

No
Due within 4 years from filing date
N/A

Request for Examination Deadline

Can Examination be requested at filing?

Yes
Yes
N/A

Patent Prosecution Highway

16 months from earliest priority date, Certified copy, no translation required
N/A

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