File a Canadian patent application: Examination and allowance or rejection
From: Canadian Intellectual Property Office
6. Examination and allowance or rejection
Patent examiners often have questions or object to claims in a patent application. To move forward, you need to fix the issues raised by the examiner in your application.
- You'll always be given a deadline to respond to any questions or objection(s).
- You'll likely have to add, change or remove claims in your application to meet the legal requirements to be granted a patent.
Respond to the examiner
If your application doesn't meet the legal requirements for patentability, you'll be sent the examiner's report listing our objection(s) and given a chance to respond.
- You should get the first examiner's report approximately 14 months after you request examination. You have 4 months after the mailing date of the examiner's report to respond.
- If your application is accelerated, you'll get the examiner's report within 3 months of the start of the examination. You have 4 months to respond to the report itself.
- It takes 5 to 9 months to reconsider your application once you have responded to any questions.
If you don't respond
If you don't respond to the reports, your application will be deemed to be abandoned.
Application allowed (approved)
If the examiner allows your application, your patent is approved.
- You'll receive a Notice of Allowance and must pay the final fee within 4 months of receiving your notice.
- We will send you your patent within 8 weeks of receiving your final fee.
When the application is allowed and the final fee is paid, the Patent Office will grant a patent and issue a patent certificate.
If your application is rejected after a final action, it will go to the Patent Appeal Board for review.
- You can request a hearing with the Patent Appeal Board.
- If the Board rejects your application and refuses to grant a patent, you can appeal the decision to the Federal Court of Canada within 6 months.
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