Can I get more time to answer an examiner's report?

Only in limited cases. The reply is due in 4 months. CIPO can add up to 2 months if you ask before the deadline, pay a fee and give reasons it accepts. A missed reply abandons the application, but it can be reinstated within 12 months.

Can I get extra patent term if CIPO is slow?

Yes, for applications filed on or after 1 December 2020. If the patent issues more than 5 years after filing or 3 years after the examination request, whichever is later, you can apply for additional term within 3 months of grant, with a fee.

Do I need a Canadian patent agent?

If the applicant is not the inventor, such as a company, yes. The Patent Rules require it to appoint a patent agent to act before CIPO.

Does Canada's grace period count from my priority date?

No. It runs back 12 months from the date the application is filed in Canada. Disclosures by the inventor or applicant made earlier than that become prior art.

How many examination reports does one request cover?

Three. If more examination is needed, you must request continued examination and pay a fee within 4 months of the notice.

Can I choose English or French for a PCT entry?

Yes. Correspondence can be in either language, whatever the language of the international application.

Is Canada part of the EPO route?

No. Canada must be filed nationally (or via PCT national phase entry within 30 months of priority).

Does Canada have a grace period for inventor disclosures?

Yes. Canada has a 12-month grace period for disclosures by the applicant or inventor, counted back from the Canadian filing date. Europe has no general grace period, so an early disclosure can still block a European patent.

What qualifies as a 'small entity' in Canada?

Since 1 January 2024, an entity with fewer than 100 employees, or a university. It does not qualify if a larger entity controls it or holds a licence to the invention. Small entity status cuts most CIPO official fees by half or more. The declaration must be correct and filed on time.

Are business methods patentable in Canada?

Sometimes. After the Federal Court of Appeal's 2023 Benjamin Moore decision, CIPO judges each claim on its facts. A computer-implemented method can qualify when it is part of a practical, working invention. A bare algorithm or business idea cannot. How the claims are written matters.

How does CIPO design protection compare to Hague?

Canada joined the Hague Agreement on 5 November 2018, so an international design can designate Canada. Protection lasts until the later of 10 years after registration in Canada or 15 years after the international registration date. A maintenance fee is due 5 years after registration.

Patent filing · CIPO

Patent your invention in Canada.

Canada counts its 12-month grace period from your Canadian filing date. File in time, with claims that hold.

Start My Patent

Questions first? Ask our attorney.

Search and strategy first. Drafting and filing quoted in writing before any work.

ExcellentTrustpilot

GTC patent attorney reviewing an invention for Canadian Intellectual Property Office filing

10+ years

Top IP Consultancy for E-Commerce, IIPLA 2026Upwork · Top Rated Plus

Trusted by founders and brands worldwide

Before you start

How are you filing?

Directly at CIPOA Canadian application, drafted from your invention, in English or French.Start My Patent
Through the PCTOne international application first, then Canada at 30 months.See PCT Filing
A US provisional firstCanada has no provisional of its own. A US provisional gives you 12 months to file here.See Provisional Filing

What it costs

One engagement, two clear stages.

You start with a search and a filing strategy, then a flat drafting-and-filing fee, so you decide with the search in hand, never a surprise. Government fees are passed through at cost.

Step One

Strategy & Search

$500

Patentability search + a written opinion on how to file.

CIPO patentability search and clearance assessment
Strategy: direct CA filing vs PCT national phase, small-entity status check
English vs French prosecution language recommendation
Engagement letter & roadmap (Step Two only if you proceed)

Step Two

Drafting & Filing

From $3,200

Drafting and filing your Canada application.

Full Canadian specification, claims & abstract
CIPO-compliant drawings (up to 10 figures)
Filing through registered Canadian Patent Agent
Request for Examination filing within the 4-year window

CIPO official fees and annual maintenance fees (from year 2) are pass-through at cost.

Start My Patent

Canadian Intellectual Property Office government fees, translations, and any complexity surcharges are quoted separately and passed through at cost.

Know the rules

How patent filing works in Canada.

Patent term from the Canadian filing date: 20 years
Included. Each claim above 20 costs extra.: 20 claims
Employees to qualify for small entity fees: Under 100
Per examination request. More needs a paid RCE.: 3 reports

1

File the application

Description, claims and drawings, in English or French.
2

Request examination

Within 4 years of filing. Claims above 20 are charged that day.
3

Answer the examiner

4 months per report. After 3 reports, an RCE and a new fee.
4

Allowance and grant

Pay the final fee within 4 months. Maintenance fees continue yearly.

Key dates

12 months

Claim priority from a first filing
30 months

PCT national phase entry
2nd anniversary

First maintenance fee, even before grant
Within 4 years

Request examination
4 months after a report

Reply to the examiner
4 months after allowance

Pay the final fee

Your deadlines

Your situation

Filing date of your first application, such as a US provisional

An estimate. We confirm your dates before any filing.

Pick a date to see your own deadlines.

What you need

Inventor and applicant details
Priority application details, if any
A small entity declaration, filed on time, if you qualify
A Canadian patent agent, if the applicant is not the inventor

Common mistake

Grace period from priority

Canada's 12 months count back from the Canadian filing date, not the priority date.

Common mistake

Missing the RCE deadline

It is 4 months with no extension. The application is then deemed abandoned.

Official sources (9)

The team on your file

A dedicated team, with you at every step.

We manage your application end to end. A registered patent agent drafts and files it with CIPO, and your account team tracks every deadline.

Your Account Manager

Your day-to-day contact. Knows your file, so every conversation starts where the last one ended.
Your Senior Account Manager

Senior oversight on strategy and anything that escalates, so nothing important slips.

Our team

Attorneys and legal specialists supporting your matter.

Managed end to end by GTC

Meet our team

In their words

All your legal, in one place.

One accountable team for every service, operating since 2016.

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10+

Years since 2016

Canadian patent questions

What inventors ask before filing in Canada.

In 2026, C$117.94 per claim over 20, or C$58.97 for a small entity, paid with the examination request. Claims above 20 added later are charged with the final fee. CIPO raises most fees every 1 January.