Canada Patent Requirements
                
 
Patent in Canada: In order to apply and file for a patent in Canada you need to provide 1. Patent Information, and you need to send to the Attorney the 2. Power of Attorney for Canada and the 3. Assignment Document if required.
 
1.- For Paris Convention Applications or Direct National Applications
 
1.    Our filled out patent order form.
2.    Copy of the specification of invention including claims and drawings.
3.    English or French translation of the specifications.
4.    English or French translation of the specifications.
5.    Certified copy of Priority Document with application number and country of origin
 
For Applications based on International Applications (PCT)
 
1.    Our filled out patent order form.
2.    PCT publication and International Search Report..
3.    Indication if Preliminary Examination has been taken (Chapter II).
4.    English or French translation of the specifications indicating if there has been any amendment to the PCT original filing. It is not possible to effect National Entry without including an English or French translation.
5.    Form for Request of Entry into National Phase of the PCT
6.    Declaration of Inventor in favor of the applicant or assignment document, if applicant is different than the inventor. (Could be filed later)
Regarding Amendments, please note that in Canada national applications must be filed as originally filed with WIPO. We could include amended claims later with the Request for Examination
In Canada the PCT has a 30 month deadline. However, you could file a PCT national application within 42 months paying a late filing fee (USD 400).
Exam:
The examination could be requested with the patent filing or could be delayed 5 years after the Canadian filing. However, the Patent Office could request the examination within 3 months.
Annuities:
Annuities should be paid every year from the second year, at the anniversary of the International Filing Date.
 
2.- Power of Attorney
 
3.- Patent in canada
 
Concession of the Patent Grant: 20 years
Concession of the Utility Model or Design Application: 15 years
Member of the Paris Convention: Yes
canada is a Member of the PCT: Yes
 
4.- Application Process
 
1.    Patent Filing
2.    Preliminary Exam
3.    Patent Publication: 18 months from the priority date
4.    Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.
5.    90 days to respond office action from the formal examination.
6.    Acceptance or rejection
7.    Payment of the Final Taxes and Title.