We file many PCT national entry applications in Canada for a variety of associates and clients around the world. The cost to file a Canadian PCT national phase application 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 in the form below. Click “submit” and we will contact you with a competitive price quote.
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, or from the international filing date if there is no priority claim.
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 were due.
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 an applicant qualifies as a “small entity”. Instead, if there is any doubt, we strongly recommend that “standard” fees are paid.
Office Actions and Responses
We also provide a range of options when it comes to responding to Office Actions. When an office action is received, we report that to you and provide a brief overview of the objections made by the examiner. There is no charge for that report. We do provide flat fee quotes in that report to either file a Response and claim amendments made by you, or to review the office action locally and have us prepare the Response and suggest claim amendments. If the applicant happens to already have an issued patent in another PCT country, we also can often amend the Canadian claims to mirror such issued claims; this often is a successful strategy. Once you have our report, and the cost quotes, you can then decide which option you wish to pursue.