1. application path
1. Through the Paris Convention channel: within 12 months from the priority date (if the applicant accidentally misses the 12-month period, he can submit a recovery request within 2 months after receiving the correction notice, declare that the missed period is not intentional (unintentional), and can apply for recovery after paying the recovery fee).
2. Access to Canada through PCT international applications: within 30 months from the priority date (if the applicant accidentally misses the 30-month deadline, he can submit a recovery request within 42 months, stating that the missed deadline is unintentional (unintentional), and can apply for recovery after paying the recovery fee).
3. Apply directly to the Government of Canada.
2. Review Form
is open to the public 18 months after the application is filed in Canada or 18 months after the application is filed abroad (whichever comes first). After a formal application request has been made, the examination fee has been paid and all necessary documents have been provided to the Patent Office, the Patent Office will examine the patent application. After preliminary examination, substantive examination shall be conducted within four years from the date of submission of the application. Generally, the notice of national application number will be received 2-4 months after the application is submitted, the first review opinion will be received 1 year after the application is submitted, and the authorization notice will be received 2-4 years from the date of submission. In the process of patent examination, regardless of the number of examination opinions, the reply period is six months from the date of issuance of the document. If the response to the examiner fails to overcome the objection the examiner will send the final rejection decision. The applicant may file a review of the decision to the Appeal Board. If the review decision is upheld, it may be appealed to the Federal Court within six months up to the High Court of Canada.
3. protection period
20 years from the date of application (the payment period of Canadian patents is the application date, and the late payment period is 12 months from the payment period).
4. Application Language
English/French
5. to submit documents
1. Application (the application language is English or French, if the English or French version is not submitted at the time of application, the applicant should make a correction within 2 months);
2. Attached drawings;
3. Inventor's statement (may be supplemented);
4. Applicant information form;
5. Copy of priority (required if priority is claimed);
6. Power of attorney (signature required).
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