We file many Canadian PCT national entries for associates around the world. We then prosecute these applications to issuance, often taking advantage of the Patent Prosecution Highway (PPH). If the applicant has a patent application with one of Canada’s PPH partners, we may be able to fast-track the Canadian application.
Cost to file a PCT patent application in Canada
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 there is a “late entry”, and whether there are any maintenance fees due upon filing. We work on a flat-fee basis, where fees are quoted in advance based on the details of the application.
For a “small entity” filed by the 30-month deadline, with no maintenance fees, the filing cost is currently CAD $950 (or about USD $760 based on a 0.80 exchange rate). There are no additional fees for claiming priority, excess claims or excess pages. This is all covered by our flat-fee. We also prepare any required declarations and forward those to you for signature by the applicant.
For a cost quote for your particular case, please enter your information in the form below. We will review the particulars of the PCT application and contact you with a competitive price quote. Make sure to indicate the entity size of the applicant (small or large), as this affects the cost.
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) 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. There is no charge for that report.
We list flat fee quotes in that report to either: (i) file a Response and claim amendments made by you, or (ii) 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.
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