Requirements for Filing a Patent Application in Canada (non-PCT)

Requirements for Filing a Patent Application in Canada (Non-PCT)

We need the following information to file a non-PCT patent application in Canada:

name and address of the applicant and each inventor
country, filing date, and serial number of each convention application, if any; certified copies are not required
copy of the specification, including drawings, in pdf or tiff format, or hardcopy
plain copy of an assignment, if any; sample form
applicant may request examination at the time of filing the application or defer examination for up to 5 years

we generally advise applicants against filing in Canada under the small entity provision, but here is a standard Small Entity Declaration form
the assignment should be submitted no later than 12 months from the filing date of the patent application
there are no surcharges for claims
maintenance fees are payable annually, the first maintenance fee is due by the 2nd anniversary of the Canadian filing date
the effective Canadian filing date, convention or actual, must precede the date the invention became available to the public anywhere in the world. When the invention became available to the public by or derived from the applicant, there is a 1 year grace period for filing the Canadian patent application
filing of an informal copy of the specification, including drawings not meeting the document presentation requirements of the Canadian Patent Office must be followed up with a copy meeting such requirements within 15 months of the priority date, or the Office will requisition such a copy with a 3 month deadline and collect a $200 fine