Use this page to help you enter the "national phase" in Canada if:
- you have an application for a patent filed under the Patent Cooperation Treaty (PCT)
- you would like to seek patent protection in Canada
If you are already familiar with MyCIPO Patents:
On this page
Requirements
To successfully enter the "national phase" in Canada, you need to:
- pay a basic national fee
- submit the international application in either English or French (only if it is not written partly in English or French)
- submit a copy of the international application (only if it has not been published)
- pay the maintenance fee for the second anniversary of the filing date, if applicable
Additional information is available in the World Intellectual Property Organization's PCT Applicant's Guide (PDF version).
Consider using a patent agent
All applicants can use the services of a patent agent and benefit from their experience and knowledge in preparing and prosecuting applications with the Canadian Intellectual Property Office (CIPO). If the applicant is not the inventor of the alleged invention, they must appoint a patent agent. Once they have appointed a licensed patent agent, CIPO will correspond only with the patent agent concerning the prosecution of the application.
Find a registered patent agent
Deadline
The time limit for entering Canada's national phase is 30 months from the earliest priority date or, if no priority claim was made, from the international filing date (the date on which the application met the requirements under the PCT).
What if I miss the deadline?
You can enter Canada's national phase within 12 months after the deadline if you:
- meet the above requirements to enter the national phase
- submit a request that the rights of the applicant be reinstated with respect to that international application
- submit a statement that the failure was unintentional
- pay the fee for reinstatement of rights
- pay the maintenance fee for the third year anniversary of the filing date, if applicable.
Submit this information to the Patent Office through MyCIPO Patents.
How to submit
Submit the required documents and fees to the Patent Office through MyCIPO Patents. You can also submit using other means outlined in chapter 2 of the Manual of Patent Office Practice (MOPOP).
You need a My Canada Business Account to use MyCIPO Patents.
Don't have an account? Visit the login page and follow the steps to create an account.
You should use MyCIPO Patents to complete all the steps of the PCT national entry process. Once your application is successfully submitted and the fee is paid, you will instantly receive confirmation of electronic submission and the Canadian application number. General Correspondence - Patents will remain available during the initial release of MyCIPO Patents to submit a national entry request if you can't access MyCIPO Patents.
We've created a series of MyCIPO Patents video tutorials to guide you through all the steps of the national entry process, and a MyCIPO Patents User Guide to help you on how to use MyCIPO Patents. The steps are also outlined below.
Steps for the national entry process
- Prepare your patent application for PCT National Entry
After you log in to MyCIPO Patents with your My Canada Business Account credentials, you can complete the following tasks as part of your PCT national entry application:
- Provide the relevant PCT application number and verify any application information retrieved from the World Intellectual Property Organization (WIPO)
- Ensure all required fields are populated within the Details tab, and make a request for reinstatement of rights or small entity declaration, as appropriate
- Provide the Digital Access Service (DAS) access code needed to permit CIPO to use the WIPO Digital Access Service, if required
- Provide information regarding applicant(s), common representative, inventor(s), agent, associate agent and entitlement within the Parties tab
- Upload supporting documents, as appropriate, on the Documents tab
- Save your draft patent application for later submission (filing), if desired
- Review applicable fees, request payment of the next maintenance fee due, and provide a general authorization statement, as applicable, on the Fees tab
- Review your full submission, using the Review and submit button, along with any applicable warnings or error messages
Note that the features of the National Entry Requests will be integrated within MyCIPO Patents in a phased approach. At the initial release of MyCIPO Patents, you will not be able to submit a request for examination, advanced examination, open for publication request, voluntary amendment or registration of documents. These requests will need to be submitted through the Patents general correspondence or by fax, mail or in person. Consult the MyCIPO Patents - What to expect page for more information.
- Submit your application and make your payment
Once you've completed your application, submit it using the Submit and pay button in MyCIPO Patents. You can pay by credit card or deposit account.
- View copies of documents after submission
After you've submitted your application, you can use MyCIPO Patents to view a copy of the confirmation of electronic submission and/or a copy of the filed application. These are PDF documents that can be downloaded for your records.
Prosecution of the application will be carried out according to statutory requirements as contained in the Patent Act and Patent Rules.
After you submit
Once the requirements to enter the national phase are met, the application is considered a PCT national phase application and has a corresponding PCT national phase entry date. Prosecution of the application is carried out according to statutory requirements as contained in the Patent Act and Patent Rules.
We will examine the PCT national phase application based on prior art (information that might cause a patent examiner to raise a defect to one or more of your claims) and any other conditions of patentability that are not requirements of the international application.