– Patent Act, RSC 1985, c P-4, as last amended in 2021.
– Patent Rules, SOR/2019-251, as last amended in 2023.
– Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, as last amended in 2017.
– Certificate of Supplementary Protection Regulations, SOR/2017-165, as last amended in 2023.

Note: significant amendments to the Patent Act and new Patent Rules came into force on October 30, 2019 to implement Canada's obligations under the Patent Law Treaty. Some of these changes affect all patent applications whereas others only apply to those filed on or after the coming-into-force date. Additional amendments to the Patent Rules came into force on October 3, 2022, which introduce significant changes such as excess claims fees and a request for continued examination regime.

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since June 26, 1970.
– Patent Cooperation Treaty (PCT), Chapters I and II, since January 2, 1990.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Strasbourg Agreement Concerning the International Patent Classification, since January 11, 1996.
– Budapest Treaty (Deposit of Microorganisms), since September 21, 1996.
– Patent Law Treaty, since October 30, 2019.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), as of January 11, 2024.

Applicant: the inventor(s) or their legal representative(s), which includes heirs, executors, administrators of the estate, liquidators of the succession, guardians, curators, tutors and transferees (assignees).

Foreigners and nationals not living in the country: must generally appoint a patent agent residing in Canada.

Protection of foreigners: foreigners enjoy the same rights as Canadian citizens.

Naming of inventor: compulsory.

Types of patents: utility patents only.

Small entity status: a reduction of some fees is available to qualifying small businesses and universities.

Patent agent privilege: limited privilege covers communications between patent agent and client that are (a) made for the purpose of seeking or giving advice with respect to any matter relating to the protection of an invention; and (b) intended to be confidential. 

Notion of the inventor: “invention” means any new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter.

First filing requirement: not required. An applicant, who is a Canadian national, or who has his/her permanent residence or principal place of business in Canada, may file the first patent application in any country. 

Novelty: must not have been disclosed and enabled in such a way as to make the invention available to the public anywhere in the world before the earliest of the Convention priority date for subject matter of the claim or actual date of filing in Canada; a one-year grace period before the Canadian filing date in respect of disclosures made by the applicant or a person who obtained such knowledge directly or indirectly from the applicant.

Exceptions to protection: any mere scientific principle or abstract theorem; methods of medically treating humans or animals; higher lifeforms (e.g. multi-cellular organisms).

Kinds of protection: independent patent only; there are no patents of addition or importation, and no petty patents.

Confirmation patents: none.

Secret patents: inventions relating to instruments or munitions of war may be classified as secret by the Minister of National Defense.

Priorities: priority period is one year; must be claimed within sixteen months from priority date; based on earlier application(s) describing the same invention; multiple and partial priority claims are recognized as is domestic priority in limited circumstances; restoration of the right of priority available for applications filed on or after October 30, 2019 if failure to file was unintentional.

Territory covered: Canada.

Filing requirements for an application:
For a complete application, other than a PCT national phase application:
1. Petition bearing the title of "Petition" or "Request" and containing a request for the grant of a patent, the title of the invention and the name and postal address of the applicant(s);
2. A statement that the applicant(s) is/are entitled to apply for a patent, or that the applicant(s) is/are the sole inventor(s) of the subject matter of the invention;
3. A disclosure with claims and an abstract, at least one and a half line spaced on paper that is 21.6 cm x 27.9 cm or 21 cm x 29.7 cm (A4 format); in English or French; must be suitable for reproduction with strict margin requirements;
4. Single copy of drawings, if drawings are referred to in the specification;
5. Sequence listing in electronic form, when required; and
6. The statutory fee for filing.

Minimum requirements for filing date: an indication that the granting of a Canadian patent is being sought, information allowing the identity of the applicant to be established and contacted, and a document (in any language) that appears to be a description or reference to a previously filed application. If the description or application to which reference is made is not entirely in English or French a translation will be required. An additional fee will be required for late payment of filing fees.

Electronic filing: available.

Entry into the national phase of the PCT: time limit under Art. 22 – Chapter I: 30 months (effective April 2002), under Art. 39(l) – Chapter II: 30 months. For applications with an international filing date prior to October 30, 2019, late entry is possible up to twelve months after due date upon payment of a late fee. For applications with an international filing date on or after October 30, 2019, late entry may be possible up to twelve months after due date where failure to enter national phase by due date was unintentional, by submitting request that rights be reinstated and payment of associated fee. Minimum requirements to effect national phase entry: prescribed fee plus copy of application must be filed if international application not published, and translation if international application not in English or French. Completion of national phase entry: sequence listing, if applicable; the name and postal address of each inventor as well as a statement that the applicant(s) is/are entitled to apply for a patent, or that the applicant(s) is/are the sole inventor(s) of the subject matter of the invention (for applications with an international filing date prior to October 30, 2019 a Declaration of Entitlement under PCT Rule 4.17 with names and addresses of inventor(s), or Declaration of Legal Representative may be filed instead). For applications with an international filing date on or after October 30, 2019 a certified copy of each priority application is also required. Claims: may be amended at any time during the national phase in Canada, including at the time of national phase entry; and multiple dependent claims are permitted without excess claims fees. For applications where examination was requested prior to October 3, 2022, there is no limit on the number of claims i.e. there are no "excess claims" fees. For applications where examination was requested on or after October 3, 2022, excess claims fees for each claim in excess of 20 are due at the time of requesting examination and will be recalculated when the final fee is paid based on the greatest number of claims pending in the application between the request for examination and the final fee payment.

For a change of name or address: no documents are required for recordal.

Amendment of application: the examination made by the Patent Office may require that the disclosure and claims filed be amended. Amendments may also be made voluntarily by the applicant.

Alterations: generally permitted but new matter may not be added. Additions are not permitted unless it is admitted to be prior art or is reasonably inferred from the text or drawings as originally filed. Complete information regarding a biological deposit referred to in application must be supplied before application is open for public inspection (normally eighteen months from earlier of priority date and filing date). Biological deposit must have been made before Canadian filing date.

Interference: termed “conflict” which is resolved in favor of the first inventor; only applies where at least one of the conflicting applications was filed prior to October 1, 1989.

Process claims: permitted.

Prior user: may negate novelty.

Disputes about ownership: disputes must be settled in court.

Examination: for applications filed prior to October 30, 2019 may be deferred for up to five years; for applications filed on or after October 30, 2019 may be deferred for up to four years; examination must be requested and fee paid but any person may do so. If not requested by due date, a notice will be sent requiring examination be requested within two months along with payment of prescribed fee and late fee or application will be abandoned. Yearly maintenance fees must be paid for applications filed on or after October 1, 1989 (but fees may be paid for multiple years in advance).

Accelerated examination: possible, upon payment of the prescribed fee, a request for early publication if the application has not yet been published, a request for examination if examination has not yet been requested, and submission of a statement to the effect that failure to advance the application is likely to prejudice the applicant’s rights. The Commissioner of Patents will not advance the examination of the application if an extension of time was granted for any action or the application became abandoned even temporarily. Subject to these requirements, expedited examination is also possible for applications relating to green technologies. Expedited examination under PPH procedures is also possible.

Extent of examination: novelty, inventive step, utility, sufficiency, unity of invention, formalities.

Division: one invention only may be claimed, but the patent is not invalid if two or more inventions are claimed. Divisional application(s) must be filed by the day before the parent Canadian application issues or is irrevocably abandoned.

Objections of the Office: arguments and amendments may be filed in response to objections of the Canadian Examiner. Multiple objections and responses are routine. For applications where examination was requested on or after October 3, 2022, a request for continued examination (RCE) and payment of the prescribed fee is required to continue examination and respond to the third Examiner's Report and every second Examiner's Report thereafter.

Application kept secret: applications filed before October 1, 1989 are kept secret; applications filed thereafter will be laid open for public inspection. Minister of National Defense may classify some applications as secret. Upon payment of a fee, one may have a yes or no answer to the question of whether or not there is a pending application corresponding to an identified issued foreign patent.

Opposition to application filed: no formal opposition; it is possible to file a protest or a filing of relevant prior art patents and printed publications.

Provisional grant: not possible. If an Examiner considers that the application would be allowable but for minor defects, a conditional notice of allowance may be issued setting a four-month deadline to respond and pay the final fee.

Grant: final fee is payable within four months after acceptance; alternatively, can withdraw allowance and reopen prosecution within four months after acceptance with submission of RCE and prescribed fee.

Corrections: disclaimer, reissue, limited correction of clerical errors.

Publication: applications filed on or after October 1, 1989 are laid open for public inspection at least eighteen months after the earliest of the priority date or a Canadian filing date unless earlier publication requested.

Reinstatement: applications deemed abandoned for failure to take action within required time may, in most cases, be reinstated as of right by paying fee and taking required action within twelve months of abandonment. Certain abandonments may alternatively require statement of reasons for failure to take action within required time plus showing of due care.

Prior user disputes: no specific procedures, but any written communication made to the Commissioner of Patents with the stated or apparent intention of protesting against the granting of a patent is acknowledged.

Delivery of document: on the date of grant of the Letters Patent in electronic format only.

Beginning of protection: from the date of grant for applications filed before October 1, 1989, and from date patent became open to public inspection in respect of applications filed thereafter.

Duration: seventeen years from date of grant for patents issuing from applications filed before October 1, 1989, and twenty years from date of application for applications filed thereafter; extensions available for certain pharmaceuticals only. More particularly, a Certificate of Supplementary Protection (CSP) may be available for a maximum of two years where no other CSP has been issued with respect to the medicinal ingredient or the combination of medicinal ingredients.

Annuities: due from date of filing. Annual maintenance fees must also be paid starting at the second anniversary of the filing date and continuing during pendency of the application.

Annuities grace period: if not paid by the due date, a notice will be sent requiring payment, along with a late fee, before the later of the end of six months after the due date and the end of two months after the date of the notice or the patent will be deemed expired. Reinstatement will require showing of due care.

Marking of patented goods: not required.

Amendment of issued patents: correction of obvious errors within twelve months of grant; reissue within four years of grant; disclaimer permitted at any time during the life of a patent; reexamination by a Patent Office Board may be requested by any person on the basis of patent and printed publication prior art in respect of patents issued on or after October 1, 1989.

Revocation: by the Federal Court of Canada and by the Patent Office Board in respect of patent subject to reexamination.

Assignment: assignments may be recorded in the Patent Office. Where two assignments for the same Canadian patent have been made, the first assignee to record the transfer in the Patent Office will be deemed to hold legal title.

License for exploitation: exclusive and non-exclusive licenses; exclusive licenses may be be registered.

Working: formal (nominal) working is seldom, if ever, of any value. Failure to meet the demand for the patented article in Canada to an adequate extent on reasonable terms may amount to “abuse”, justifying the grant of a compulsory license no earlier than three years after the patent is granted. In theory, if a compulsory license is not sufficient to remedy the abuse, the Commissioner of Patents may revoke the patent, but the Commissioner is not permitted to make an order for revocation which is at variance with any treaty or convention to which Canada is a party. See “Compulsory licenses” below for further discussion of “abuse”.

Right of prior user: may apply if, before the claim date, a person, in good faith committed or made serious and effective preparations to commit an act that would otherwise constitute an infringement of the patent.

Opposition to granted patents: reexamination may be requested by any person, upon payment of a fee, in respect of patents issuing from applications filed on or after October 1, 1989; requesting party has no role in procedure after initial submission of prior art; only patentee has right of appeal.

Compulsory licenses: beginning three years after the grant of a patent, a compulsory license may be granted if the patent has been “abused”. “Abuse” includes: (a) failure to meet the demand for the patented article in Canada to an adequate extent and on reasonable terms; (b) refusal to grant a license on reasonable terms, where trade or industry in Canada is prejudiced by such refusal and where it is in the public interest to grant a license; (c) attaching conditions to the purchase, hire, license or use or working of the patented invention which unfairly prejudice trade or industry in Canada; or (d) using a patent for a process involving the use of unpatented materials, or a patent for an invention relating to a substance produced by such a process, to unfairly prejudice in Canada the manufacture, use or sale of any materials.

Expropriation: the Government of Canada or one of its provinces may use a patented invention upon payment to the patentee of adequate remuneration for the use thereof as set by the Commissioner of Patents. The respective government must apply to the Commissioner of Patents and justify such use before the government may use the invention.

Nullification: where applicable, upon reexamination and in any case, by the Federal Court of Canada; invalidity defense against infringement proceedings may be heard in the Federal Court or the provincial courts.

Validation of invalidated patents: not possible.

Infringement: court proceedings only.

Penalties: injunction, and damages or an accounting of profits.

Enforcement: by patentee or other party claiming under the patentee (e.g. licensee). No government agency is charged with enforcing patents.