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National phase entry of a Patent Cooperation Treaty application

From: Canadian Intellectual Property Office

Use this page to help you enter the "national phase" in Canada if:

  • you have an application for a patent filed under the Patent Cooperation Treaty (PCT)
  • you have designated Canada for national patent protection

On this page

Requirements

To successfully enter the "national phase" in Canada, you need to:

  • pay a basic national fee
  • submit the international application in either English or French (only if it is not written in English or French)
  • submit a copy of the international application (only if it has not been published)
  • pay the maintenance fee for the second anniversary of the filing date, if applicable

Additional requirements are listed in the World Intellectual Property Organization's PCT Applicant's Guide (PDF version).

Consider using a patent agent

All applicants can use the services of a patent agent and benefit from their experience and knowledge in preparing and prosecuting applications with the Canadian Intellectual Property Office (CIPO). If the applicant is not the inventor of the alleged invention, they must appoint a patent agent. Once they have appointed a licensed patent agent, CIPO will correspond only with the patent agent concerning the prosecution of the application.

Find a licensed patent agent

Deadline

The time limit for entering Canada's national phase is 30 months from the earliest priority date or if no priority claim was made, from the international filing date (the date on which the application met the requirements under the PCT).

What if I miss the deadline?

You can enter Canada's national phase within 12 months after the deadline if you:

  • meet the requirements to enter the national phase
  • submit a request that the rights of the applicant be reinstated with respect to that international application
  • submit a statement that the failure was unintentional
  • submit the fee for reinstatement of rights (see the Patent fees page for the amount)
  • pay the maintenance fee for the third year anniversary of the filing date, if applicable.

Submit this information to the Patent Office through the general correspondence form. If you do not already have an Innovation, Science and Economic Development Canada (ISED) account, you'll need to create one.

Log in to use the general correspondence form

How to submit

Submit the requirements to the Patent Office through the general correspondence form. If you do not already have a My ISED Account, you'll need to create one.

Log in to use the general correspondence form

After you submit

Once the requirements to enter the national phase are met, the application is considered a PCT national phase application and has a corresponding national phase entry date. Prosecution of the application is carried out according to statutory requirements as contained in the Patent Act and Patent Rules.

We will examine the PCT national phase application based on prior art (information that might cause a patent examiner to raise a defect to one or more of your claims) and any other conditions of patentability that are not requirements of the international application.

Related information

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