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Foreign Patent Agents

The following page is intended to provide our foreign associates with some basic forms and information relating to intellectual property practice and procedure in Canada.

Forms for Canadian Intellectual Property:

Information on Canadian Intellectual Property Practice

National Phase Entry of PCT Applications

For filing, all we need is a copy of the front page of the published PCT application, indication of whether the applicant is entitled to small entity status, and instructions on whether to request examination at the time of filing. Please note that no forms signed by the applicant are required at the time of filing in Canada.

The deadline for national phase entry in Canada is 30 months regardless of whether or not a Demand for International Preliminary Examination has been filed. In either instance, the application can be filed up to 12 months past the deadline with payment of a late fee, meaning that the deadline for national phase entry can effectively be extended to 42 months under both Chapter I and Chapter II National Phase Entry.

Non-PCT Patent Application

For filing, we require a copy of the description, claims, drawings and abstract, name and address of the applicant(s) and inventor(s), indication of whether the applicant is entitled to small entity status, and instructions on whether to request examination at the time of filing. Please note that no forms signed by the applicant are required at the time of filing in Canada.

Please note that in some cases absolute novelty is not required in Canada.

Examination Requests

Canada allows for the request for examination to be deferred for up to five years from the date of filing, meaning that filing fees and examination fees can be paid separately.

Reinstatement

An application that has become abandoned, for example for failure to pay an annual maintenance fee, for failure to request examination within 5 years of the filing of the application or for failure to respond to a request from the Patent Office, such as an office action or assignment request, can be reinstated up to one year after the date of abandonment by paying a "late fee" and completing the action for which the application went abandoned. No affidavit or sworn statement is required.

Small Entity Status

In Canada, a small entity means an individual, company or other organization that employs a maximum of 50 persons, or a university. It does not include an individual, company or organization who has transferred or licensed or is under some legal obligation, other than a contingent obligation, to transfer or licence any right in the invention to any party that is not another small entity. It also does not include an entity that is controlled, directly or indirectly, by another entity that has more than 50 employees and is not a university. Qualification for small payment of small entity fees is to be based on a one-time determination based on the applicant’s status at the time of filing in Canada, specifically at national phase entry for a PCT application or at the filing date for a non-PCT application.

Novelty Requirements

Absolute novelty is required with the exception that disclosure by the inventor or someone deriving the invention from the inventor is excused for 1 year.

Industrial Designs

The application must be filed within one year of the first publication of the design anywhere in the world. For filing, we need drawing(s) or photograph(s) of the design, a statement as to whether the design relates to the appearance of the entire article or only a portion of the article and the name and address of the applicant.

Trademarks

Although Ade & Company Inc. does not have any trademark agents on staff, we work with a number of Canadian Trademark Agents. If you have questions regarding Trademarks or would like to obtain a quotation, we recommend that you contact one of the following Trademark Agents:

 

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