Advanced examination under a special order
From: Canadian Intellectual Property Office
Submit a request to get your patent application processed faster.
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Who can submit a request?
You can request an advanced patent examination under a special order if the regular patent approval process time is likely to prejudice the applicant's or a third party's rights.
Generally, CIPO will accept well-reasoned declarations on how the regular process time will negatively affect your IP rights.
Example of prejudice
For example, commercial reasons such as impending infringement, or funding dependency, may be sufficient to establish prejudice to get a special order.
Submit a request
You can request a special order before or after the examination starts.
To request a special order you must submit:
- a fee of $510 CAD (acceptable methods of payment)
- a written letter that includes:
- a request to expedite examination
- a declaration that the failure to advance your application from its routine order will prejudice your or a third party's rights (you do not have to provide actual proof of how your rights are being affected)
- an early laid open date (usually 18 months after the filing date and only needed if the request is made before the application has been opened to public inspection)
Address the letter to CIPO.
After you submit a request
Once your request for advanced examination is approved, a first office action can be expected within 3 months. This method of expedition can be broadly used and is more flexible than the other 2 options since it is independent of specific patent subject matter or previous filing restrictions.
3 options to expedite patent grants
Maintain the expeditiousness of the process
If you request time extensions to reply or abandon the prosecution process, your application will be removed from the expedited process and returned to the regular order.
What is an office action?
An office action is the correspondence by a patent examiner to the applicant and it includes information regarding the patentability of the application. On average, it takes roughly 13 months to issue the first office action. In a few instances, the first office action is in itself a notice of allowance (i.e. a notice informing the applicant that the invention is patentable).
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