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Advanced examination under a special order

From: Canadian Intellectual Property Office

Submit a request to get your patent application processed faster.

On this page:

  1. Who can submit a request?
  2. Submit a request
  3. After you submit a request
  4. Additional resources

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.

Submit a request

You can request a special order before or after the examination starts.

To request a special order you must submit:

  1. a fee of $500 CAD (acceptable methods of payment)
  2. a written letter that includes:
    1. a request to expedite examination
    2. 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)
    3. 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

Canadian patent applications will be examined in accordance with the Patent Act and the Patent Rules.

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.

Additional resources

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