How to enter the Canadian PCT National Phase

Canadian National Phase entry from a PCT application

This guide sets out the requirements for entry in the national phase in Canada.

Time limits

The time from entering the national phase in Canada 30 months from the priority date of the PCT application.

Translation requirements

The international application must be translated into English or French when entering the Canadian national phase.

A translation of the description, claims, any text matter of the drawings and abstract as required. If the claims have been amended, only a translation of the amended claims as required. Furthermore, a translation of any statement under PCT article 19 is required, if applicable.

Fees

When entering the Canadian national phase, a basic national fee and an examination fee payable. A maintenance fee is also payable each year and due at the time of edging Canadian national phase which could be the second possibly third anniversary of the international filing date.

The examination fee is reduced by 75% if the international search report has been established by the Canadian intellectual property office.

Small entities are eligible for a reduction of certain fees.

Special requirements

If the applicant is not the inventor, the applicant must supply a declaration that the applicant is the inventor’s legal representative or that the applicant is entitled to apply and be granted a patent for the inventors invention.

Examination

Examination must be requested, either by the applicant or by a third party. Examination must be requested within five years from the international filing date otherwise the application becomes abandoned. Note that an abandoned application may be reinstated within 12 months of abandonment by payment of a late fee.

It is recommended that examination be requested at the time of entry the Canadian national phase.