Are you looking for ways to expedite the examination process for your patent application?
There are different ways to process a patent application faster.
4 options to expedite patent application examination
- Advanced examination for green technologies
Faster patent examination processing for technologies that help resolve or mitigate environmental impacts or conserve the natural environment and resources. - Advanced examination under paragraph 84(1)(a) of the Patent Rules
Faster patent examination processing if the regular patent approval process time is likely to prejudice the applicant's or a third party's rights. - Accelerated examination under the Patent Prosecution Highway (PPH)
You may be able to fast track your examination if you already have a corresponding patent application that has been deemed to be allowable by one of Canada's international PPH partners. - Accelerated examination of patent applications related to COVID-19 relief
Accelerated examination for inventions related to medical products and processes supporting the response to COVID-19 by small businesses employing fewer than 100 employees and universities.
How long does it take on average to get a patent grant?
A patent grant is a complex process. It generally takes longer to get a patent grant when compared to other forms of intellectual property (IP) rights. On average, it takes roughly 6.5 years from filing to get a patent grant from the Canadian Intellectual Property Office (CIPO).
Why should I expedite a patent application?
While the lengthy timeline to obtain a patent may work for many business objectives, there are instances where expedited patent examination may be the appropriate strategy, such as:
- when a start-up is looking for investor funding to secure patents to increase the company valuation before its pitching rounds
- when a company wants to determine the patentability of their invention in Canada prior to incurring the costs for patenting in other jurisdictions
- when, in rapidly evolving digital technologies, the traditional patent approval process takes longer than the market viability of the technology itself
- when a competitor is likely infringing a patent pending technology (determining the patentability of the invention faster can guide the legal steps to take)