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Utility Patent in Canada

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Patent Registration
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Standard

$449

Pay as you go

Features Included

  • Provisional patent filling
  • Non- provisional filling
  • Refusal Risk Assessment
  • Patent filling with CAIPO
  • e-receipt

Premium

$850

All in One

Features Included

  • All Standard Features &
  • Provisional patent drafting
  • Patent search
  • CA database search

Professional

$4000

Full Assurance + Extras

Features Included

  • All Premiun Features &
  • Global search
  • Non-provisional patent drafting
  • 7 sides complex drawings
  • Response to normal office action

Steps for Utility Patent Registration in Canada

01

Patent Search

Conduct a prior art search through CIPO and international databases to confirm your invention’s novelty.

02

Drafting the Application

Prepare a detailed patent application including claims, description, abstract, and any relevant drawings.

03

Filing with CIPO

File the patent application online or by mail through the Canadian Intellectual Property Office (CIPO).

04

Formalities Check

CIPO reviews your application for completeness, formatting, and fee compliance before examination.

05

Request for Examination

You must request examination within 4 years of filing; the application will not proceed automatically.

06

Respond to Examiner’s Report

Address any objections raised by the examiner with revisions or legal arguments to support patentability.

07

Notice of Allowance

If the application is found allowable, CIPO will issue a Notice of Allowance. Final fee must be paid.

08

Patent Issuance

Once fees are paid, CIPO grants the patent, providing exclusive rights for up to 20 years from filing.

09

Maintenance Fees

Pay annual maintenance fees from the 2nd year onward to keep the Canadian patent valid.

In Canada, utility patents (simply referred to as "patents") protect new, useful, and non-obvious inventions for up to 20 years.

The process includes filing, requesting examination, responding to examiner feedback, and paying maintenance fees. Missing deadlines can result in abandonment.

Our experts provide comprehensive support to guide you through every step of the Canadian patent application process.

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Proven Success

Trusted by thousands for trademarks, patents, and design protection.

Utility Patent Registration in Canada Start Smart, Stay Protected

In Canada, patents protect new, useful, and non-obvious inventions — whether they are machines, methods, manufactured items, or chemical compositions. Patents in Canada are governed by the Canadian Intellectual Property Office (CIPO) and grant exclusive rights to make, use, or sell the invention for up to 20 years.

✅ Frequently Asked Questions

What is a patent in Canada?
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A Canadian patent is a legal right granted for a new and useful invention. It gives the patent holder the right to exclude others from making, using, or selling the invention in Canada for a period of 20 years from the filing date.
What type of inventions can be patented in Canada?
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Eligible inventions include:

• New products (e.g., machines, devices, tools)
• New processes or methods
• Compositions of matter (e.g., chemical formulas)
• Improvements to existing inventions

Software-related inventions may be patentable if they solve a technical problem in a novel way.
What are the requirements for patentability in Canada?
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To be granted a patent, the invention must be:

• Novel (not publicly disclosed anywhere in the world before filing)
• Useful (serves a practical purpose)
• Non-obvious (not obvious to someone skilled in the relevant field)
Who grants patents in Canada?
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Patents are granted by the Canadian Intellectual Property Office (CIPO), a branch of Innovation, Science and Economic Development Canada.
How long is a patent valid in Canada?
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A Canadian patent is valid for 20 years from the date of filing, provided that annual maintenance fees are paid.
Can I file a provisional application in Canada?
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No. Canada does not have a provisional patent system. However, you can file a U.S. provisional and claim priority in Canada within 12 months.
Is examination of a Canadian patent application automatic?
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No. You must formally request examination within 4 years of the Canadian filing date. If not requested, the application will be considered abandoned.
Can I file a Canadian patent application online?
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Yes. Applications can be submitted electronically through CIPO’s online patent filing system.
How long does it take to get a patent in Canada?
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The process can take 2–4 years, depending on the complexity and responsiveness during examination.
Is it possible to speed up the examination process?
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Yes. You may request accelerated examination under:

• Patent Prosecution Highway (PPH) if a corresponding foreign application is allowed
• Special Order for inventions of national interest
Can a foreign applicant file directly in Canada?
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Yes. However, foreign applicants are required to appoint a Canadian patent agent if they are not residing in Canada.
What are the official fees involved?
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As of 2025, estimated fees include:

• Filing fee: CAD $421 (small entity: $210.50)
• Examination fee: CAD $816 (small entity: $408)
• Annual maintenance fees starting from year 2

Attorney or patent agent fees are additional and vary based on complexity.
What happens if I don’t pay the maintenance fees?
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Failure to pay maintenance fees results in the application or granted patent becoming abandoned or expired. Some missed payments may be reinstated within a grace period.
Can I protect my patent internationally from Canada?
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No single patent offers worldwide protection. However, Canadian applicants can file:

• Directly in other countries
• Through the PCT (Patent Cooperation Treaty) to reserve rights in 150+ countries
• Via priority claim if the Canadian application is filed within 12 months of an initial foreign application
Is a Canadian patent enforceable worldwide?
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No. A Canadian patent only protects your invention within Canada. You need to apply separately in other jurisdictions.
Can I license or sell a Canadian patent?
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Yes. Patents can be assigned, sold, or licensed, and the agreements can be recorded with CIPO for legal transparency.
How do I check the status of a Canadian patent application?
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You can search and track applications using the Canadian Patent Database on CIPO’s website.

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