Patent registration in Canada

The number of patent applications in Canada is increasing significantly. With the goal of reducing greenhouse gas emissions and transitioning to a low-carbon economy, Canada focuses on developing patents related to solar energy, wind power, hydropower, biofuels, batteries and energy storage technologies. With existing strengths in the fields of biotechnology and life sciences, patents related to gene technology, cell therapies, new drugs, medical devices, agricultural technology and functional foods have a good chance of development in Canada. Canada’s information and communication technology industry is growing rapidly, especially in the areas of artificial intelligence (AI), machine learning, big data, cybersecurity, and blockchain technology. Patents in these fields are also one of the investment opportunities in Canada. However, many businesses and individuals still do not know about the procedure for patent registration in Canada, Viet An Law would like to guide customers preliminarily the procedure for patent registration in Canada through the article below.

Legal basis

• Patent Law (R.S.C., 1985, c. P-4)

The concept of patent in Canada

A patent is a government-granted right that gives an inventor exclusive rights to their patent for up to 20 years from the date of filing of a patent application. This monopoly allows the inventor to prevent others from producing, using, or selling their patent in Canada without their permission. To be eligible for a patent in Canada, an patent must meet the following criteria:

• Novelty: The patent must be new and never known or used by anyone else in the world.
• Usefulness: The patent must be useful and have practical application.
• Non-obviousness: The patent must not be obvious to a person with expertise in the field of engineering, that is, it must include a creative step that is not easily inferred from existing knowledge.

Types of patents that can be registered in Canada

• Standard patents: This is the most common type of patent and includes new patents that meet the criteria of novelty, usefulness, and non-obviousness. Standard patents are valid for 20 years from the date of filing.
• Patent patents: This type of patent is granted for new and useful processes, machines, manufactured products, material components, or their improvements. The term of protection is also 20 years from the date of application.

In practice, the terms “standard patent” and “patent patent” are often used interchangeably, since they basically refer to the same type of patent protection.

• Small Business Patents: This type of patent is for small businesses (individuals, partnerships, or corporations with fewer than 50 employees) and offers reduced government fees compared to standard patents.

Previously, in Canada there was also a type of patent called “Innovation Patent”. However, this type of patent was scrapped in 2013 and can no longer be registered.

Patent filing in Canada

• Patent application: This form includes information such as the name of the patent, the name and address of the inventor(s) and applicant(s), and the date of filing.
• Description: This is a detailed description of the applicant’s patent, including its context, technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reproduce the patent. Information usually consists of the following sections:
  • Name of patent
  • Technical field
  • Background art
  • Patent summary
  • A brief description of the drawings (if any)
  • Detailed description of the patent
  • Industrial applicability
• Claims: This is a numbered list of claims to determine the scope of protection for one’s patent. Protection claims are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s patent can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the patent, usually about 150 words or less.
• Priority Document (if applicable): If the applicant has filed a patent application for the same patent in another country within the last 12 months, the applicant can claim priority rights.
• Power of attorney (if applicable): If the applicant files through a patent representative, it is necessary to provide a power of attorney to them on behalf of the applicant.
• Other documents (if applicable): Depending on the case of the applicant, the applicant may need to submit other documents, such as a transfer agreement if the applicant is not the inventor, or a statement of copyright.

Patent registration fees in Canada

• Filing Fee: This is the initial fee for filing a patent application. As of 2024, the fee is $200 CAD for small businesses and $400 CAD for large businesses.
• Appraisal Request Fee: This fee is paid to initiate the appraisal process. In 2024, the fee is $408 CAD for both small and large businesses.
• Patent Fee: This fee is payable when the patent application is approved and is $150 CAD for small businesses and $300 CAD for large businesses.
• Maintenance Fee (if applicable)

Patent registration in Canada through the PCT system

What is a PCT system?

The PCT system stands for  Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 participating countries, including Canada.

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).

Patent registration service in Canada of Viet An Law Firm

• Perform the search and notify customers in writing the results of patent search in Canada;
• Drafting documents and directly filing and monitoring the status of patent filings in Canada on behalf of patent owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Canada;
• Support follow-up, representative resolution of objections and feedback with intellectual property representatives performing procedures in Canada.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a patent application in Canada, please contact Viet An Law Firm – IP Agent for the most effective support.