If you are filing patents in Canada from abroad, you must be aware of the deadlines imposed by the Canadian Intellectual Property Office (CIPO), the Paris Convention under WIPO, and the Patent Cooperation Treaty (PCT).
When filing in Canada under the Paris Convention, the most relevant deadline is 12-months from the priority date (the filing date of the priority application in another Paris Convention member country).
If filing under the PCT, an applicant has 30-months from the earlier of the priority date or PCT application filing date to file a national entry in Canada.
Uniquely for Canada, if the 30-month deadline is missed, there is an opportunity to extend that deadline for 12 months. That brings the total available time to 42-months from the priority date.
So, with these deadlines in mind, you can determine when you need to file your applications in Canada.
- 12-months for the Paris Convention priority claim deadline;
- 30-months for the Patent Cooperation Treaty national phase entry deadline; or,
- 42-months if the 30-month deadline was missed.
Brunet & Co. is uniquely positioned to assist international firms with a combination of Canadian patent law expertise and technical knowledge. Using our internal capabilities, we’ll help you successfully prosecute your patent using high quality, proven processes and communication at every step of your patent’s lifecycle.
Learn more about Brunet & Co at www.brunetco.com