Requirements for National Entry of a PCT Application in Canada

  1. name and address of the applicant and each inventor
  2. serial number and filing date of the PCT application, and serial number and filing date of each convention application, if any
  3. Request for National Entry , see form in Annex CA.II
  4. plain copy of an assignment, if any; sample form
  5. applicant may request examination at the time of national entry or defer examination for up to 5 years from the PCT filing date
  6. copy of the published PCT application along with amendments made under Article 19 and/or Article 34, if any, and English translations if applicable

Notes:

  • we generally advise applicants against national entry 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 national entry date. If the PCT applicant for national entry in Canada is not the PCT applicant as filed, then documentation evidencing the chain of title is required
  • deadline for national entry is normally 30 months from convention date, but Canada permits late national entry until 42 months from convention date with an extra $200 late entry fee
  • maintenance fees are payable annually, the first maintenance fee is due by the 2nd anniversary of the PCT filing date, we recommend that maintenance fees are paid at the time of national entry

Contact Us for any questions.


© Ottawa Patent Agency Incorporated