IP roadmap – Your path to patent grant
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1 – Filing (applicant)
- $200 Small entityFootnote 1
- $400 Standard
You can start the application process by filing your application with the Canadian Intellectual Property Office (CIPO).
To obtain a filing date your application must include:
- A statement that your patent is sought
- A document (in English or French) describing an invention
- Your name and address
- The filing fee and, if applicable, a signed small entity declaration
2 – Verification (CIPO)
CIPO verifies your application to make sure it meets all filing requirements. If your application is incomplete, CIPO will let you know what is missing.
3 – Filing date issued (CIPO)
If the application meets the filing requirements, and you have paid the correct fee, CIPO will give your application a number, a filing date and a filing certificate.
4 – Classification (CIPO)
CIPO uses the International Patent Classification (IPC) system to sort your application within the appropriate technical field.
5 – Publication (CIPO)
CIPO makes your application available to the public 18 months after your filing date.
6 – Pay maintenance fee (applicant)
You will need to pay annual maintenance fees, starting from the 2nd anniversary of filing. These keep a patent or patent application in good standing.
7 – Request examination (applicant)
- $400 Small entity
- $800 Standard
Examination is the process CIPO uses to determine whether you should be granted a patent for your invention. Examinations are only done upon request.
Applications are examined in the order of examination requests.
8 – Examination: Checking for compliance (CIPO)
A patent examiner will determine if your patent application complies with the Patent Act and Patent Rules.
9 – Examiner's report (CIPO)
If there are any defects in your application, the examiner will identify them in their report.
10 – Response (applicant)
You will have a chance to respond to the examiner's report by making changes or presenting arguments.
There may be a few examination reports or an examiner may phone you to address minor defects.
11a – Allowance (CIPO)
- $150 Small entity
- $300 Standard
Once CIPO approves your application, a notice of allowance will be sent. It will confirm that you will receive a patent and ask you to pay a final fee within 6 months from receipt.
11b – Rejection and final action (CIPO)
If your application is rejected, CIPO will send you a final action report explaining why and giving you a last chance to present arguments or propose changes to your application.
If the examiner is still unsatisfied, CIPO will refer your application to the Patent Appeal Board and you may appear before the Board to argue your case. The Board will either recommend that your application be allowed, allowed if amended or refused by the Commissioner of Patents.
12 – Grant of patent (CIPO)
When CIPO receives your final fee, it prepares your grant and mails it to you. The patent gives you the right to exclude others from making, using or selling your invention.
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