Deadlines to enter PCT in Canada
Canadian national phase entry of international PCT patent applications should be done by 30 months from the earliest priority date.
Fortunately, if this date is missed, Canada allows late entry up to 42 months from the earliest priority date. This is done by paying an extra fee (currently CAD$200.00) and by paying any maintenance fees that would have been payable had the international application been entered in Canada by the 30 month deadline.
Small Entity Requirements
Patent filing fees and maintenance fees in Canada are determined depending on the entity size of the Applicant. If an Applicant qualifies as a “small entity”, it is entitled to pay lower government fees.
It is important that the correct fee be paid, otherwise patent rights could be lost when the patent is challenged in court. The current Canadian definition of “small entity” is shown below:
“Small Entity” – means an entity that employs 50 or fewer employees or that is a university, but does not include an entity that:
(a) is controlled directly or indirectly by an entity, other than a university, that employs more than 50 employees; or
(b) has transferred or licensed or has an obligation, other than a contingent obligation, to transfer or license any right in the invention to an entity, other than a university, that employs more than 50 employees.
For PCT applications, entity size is determined at the time of national entry into Canada.
Note that we do not provide an opinion on whether someone may qualify as a “small entity”. Instead, if there is any doubt, we strongly recommend that “standard” fees are paid.
The cost to file a PCT national phase patent application in Canada depends on a few factors, including whether the Applicant wishes to claim “small entity”, whether it is a “late entry” and whether any maintenance fees are due.
If you wish for a cost quote for your particular case, please enter your information and details in the form below. When completed, click the “submit” button. We will then contact you with a competitive price quote.