Filing Canadian patent applications
From: Canadian Intellectual Property Office
Effective July 17, 2019 - updated patent e-filing experience
Follow the step-by-step process to file your Canadian patent application.
- 1. Before you apply
- 2. Get a filing date
- 3. Access the application form
- 4. Complete an application
- 5. After you apply
1. Before you apply
If you have not already done so, we suggest that you do the following before you start your application:
- Consult A Guide to Patents, and the patent application tutorial and patent application process pages
- Conduct a patent search.
- Consult international IP resources.
Please note that you cannot use the form below to file a Patent Cooperation Treaty (PCT) International Patent Application. For an international application, see the instructions on the PCT e-filing page.
2. In order to receive a filing date, your application must contain:
- An explicit or implicit indication that that granting of a Canadian patent is being sought;
- information allowing the identity of the applicant to be established;
- information allowing the Commissioner to contact the application (this may be the contact information of your patent agent); and
- A document in TIFF or PDF format, in any language, that appears on its face to be a description
A patent application consists of many parts, only a few of which are required to be submitted to the Office to obtain a filing date. However, all the parts of the patent application must be submitted soon after the filing date in order to be compliant with the prescribed requirements of the Patent Act and the Patent Rules. You are encouraged to submit the other parts of the application at the time of filing.
Other compliance requirements:
- a petition that conforms with the Patent Rules
- the name and postal address of each inventor
- a statement of entitlement or inventorship
- a claim or claims
- an abstract
- if applicable, drawings
- if applicable, a sequence listing that complies with Patent Convention Treaty (PCT) sequence listing standard
The application fee is not a requirement to establish a filing date. If an applicant does not pay the application fee on the filing of the application, they will be required to pay a late fee.
3. Access the application form (mandatory login)
To create a new username and password or update your existing registration, go to My Innovation, Science and Economic Development Canada Account.
4. Complete an application
Our website does not save your application. You need to save it to your own computer.
To help you send your application electronically, our form lets you enter the data and attach the abstract, disclosure, claims, drawings and other documents. An instruction letter and a petition will be automatically generated once you finish your data entry.
5. After you apply
You must request examination and pay the examination fee. An examiner will then review your application.
When the application is allowed and the final fee is paid, the Office will grant a patent and issue a patent certificate.
Patent grant certificate
Once your patent is granted, you will receive the patent certificate.
- Learn more about the new patent certificate (Sept. 2020)
Download a copy of your issued patent
If you want a copy of your issued patent, you can download it from the online Canadian Patents Database (CPD).
To get a copy of your issued patent:
- Go to the Canadian Patent Database webpage
- Enter the patent number and click View Data.
- A row of tabs will appear under the table that contains the patent number, application number, and French and English patent titles. Click the Documents tab.
- There is a drop down menu called "Filter". Select "As issued".
- Select all of the documents in the list by clicking all of the checkboxes then press the button called "Download selected in PDF format (ZIP archive)" to download your issued patent in a compressed file.
Complete the technical problem report form.
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