The Patent Application Process

The Canadian Intellectual Property Office's (CIPO's) Patent Office will handle your application according to the steps set out below. We explain how and when we will let you know about the status of your application, including how and when we will tell you about any fees you have to pay.

If you have specific questions about your application, please find the right linking page below and get in touch with the right group. If you need general information on patents, please contact us.

Most applicants use a patent agent

Many people and companies that apply for patents use a registered patent agent. Once you have chosen an agent, our office will talk with them directly. Therefore, if you have questions about the process and how it works, you should talk to your agent.

Our fee arrangement has been in place since January 1, 2004. For more information on fees, please read our Manual of Patent Office Practice (MOPOP), Chapter 25: Tariff of Fees.

Once our office gives you a patent, you have the right to stop others from manufacturing, using or selling your invention in Canada. This right begins from the filing date up to a maximum of 20 years from that date (see section 44 of the Patent Act for more information).

The time it takes varies

If you file your patent correctly, and we approve it without changes, and no objections are raised, the time it takes to get your patent will be on the shorter side. You can help by filing correctly, answering our notices and other communications quickly and letting us know about any change in your address.

You may pay using a credit card (VISA, MasterCard or American Express), direct payment, deposit account, postal money order or cheque payable in Canadian dollars to the Receiver General for Canada. Do not add federal and provincial sales tax.

To read about our how we serve our clients, visit CIPO's client service standards.

Prior to examination

  1. Formalities
  2. Classification
  3. Public availability

Maintenance fees and assignments

  1. Maintenance fees
  2. Assignments

Examination

  1. Request for examination
  2. Patent Appeal Board

After examination

  1. Allowance
  2. Grant
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