For practitioners involved in filing, obtaining, and enforcing patents in Canada, this guide focuses on the Patent Act (R.S.C. 1985, c. P-4) and covers CIPO (Canadian Intellectual Property Office) procedures, government fees, PCT national phase entry, and unique requirements derived from English common law—such as “Manner of Manufacture / Subject Matter,” the introduction of File-Wrapper Estoppel under the 2018 Bill C-86 amendments, Patent Term Restoration (PTR) under CUSMA (USMCA) effective in 2024, and enforcement in the Federal Court—a patent attorney will systematically explain the information essential to Japanese companies’ patent strategies in the North American market.
Key Points of This Article
CANADA PATENT
A comprehensive guide to the patent system and practice in Canada, a key hub in the North American market, written by a patent attorney. This book systematically explains 12 key topics, ranging from CIPO applications to the major 2018 amendments, PTR and CSP, and the enforcement of rights in the Federal Court.
Canadian patent practice is a hybrid system influenced by both British common law and U.S. law, with the Patent Act (R.S.C. 1985, c. P-4) at its core. Applications, examinations, and disputes are governed by the Patent Rules, the CIPO Manual of Procedures (MOPOP), and case law from the Federal Court, the Federal Court of Appeal, and the Supreme Court.Significant modernization is currently underway following the 2018 amendments under Bill C-86 and the 2024 CUSMA implementation.
Four Key Points to Understand in Canadian Patent Practice
The “primary law” of the Canadian patent system is the Patent Act, R.S.C. 1985, c. P-4, which has evolved into the current system through multiple amendments.Core provisions include the definition of an invention (§2), novelty (§28.2), inventive step (§28.3), subject matter of patents (§2, §27(8)), application procedures (§§27–29), the effect of patent rights (§42), compulsory licenses (§§65–72), and criminal penalties.It underwent major revisions through Bill C-86 in 2018 and the CUSMA Implementation Act in 2024.
CIPO (Canadian Intellectual Property Office) is responsible for patent examination and registration. Its headquarters are in Gatineau (near Ottawa). It maintains an e-Filing System and a Patent Database. Procedures can be conducted in English or French.
| Courts | Jurisdiction and Characteristics |
|---|---|
| Patent Appeal Board (PAB) | Appeals against examination refusals within CIPO |
| Federal Court of Canada | Exclusive jurisdiction over patent infringement lawsuits, invalidation lawsuits, and appeals from the PAB |
| Federal Court of Appeal | Appeals from Federal Court decisions |
| Supreme Court of Canada | Court of Last Resort (Supreme Court) |
| Item | Direct Filing | Paris Convention Priority | Via PCT |
|---|---|---|---|
| Canadian Filing Deadline | Anytime | 12 months from the Japanese filing date | 30 months from the priority date |
| Language | English or French | Same as above | English specification as is |
| Agent | A patent attorney based in Canada is required | Same as above | Same as above |
Timeframe: Approximately 3–5 years from filing to registration in a smooth process. Can be shortened to 1–2 years by utilizing the JPO-CIPO PPH.
| Item | Standard (CAD) | Small Entity (CAD) |
|---|---|---|
| Application Fee | CAD 555 | CAD 222 |
| Request for Examination Fee | CAD 1,110 | CAD 444 |
| Registration fee | CAD 369 | CAD 184 |
| Claim surcharge (more than 21 claims) | CAD 110 per claim | CAD 55 per claim |
| Annual fee (2nd year) | CAD 100 | CAD 50 |
| Annuity (10th year) | CAD 277 | CAD 138 |
| Pension (15th year) | CAD 462 | CAD 230 |
| Pension (20th year) | CAD 647 | CAD 322 |
Small Entity Discount: Applicable to entities with 50 or fewer employees or universities, etc., with many fees reduced by 50%. May also apply to local subsidiaries of Japanese small and medium-sized enterprises.
Historical Turning Point: Section 53.1 was newly established by Bill C-86 in 2018, making the prosecution history (file wrapper) admissible as evidence in claim interpretation during litigation. This introduced the U.S.-style doctrine of estoppel, which had been prohibited in Canada since the Pollard case. Since the content of arguments made in responses to Office Actions can affect future litigation, care must be taken when drafting these responses.
| Case Law | Key Issues |
|---|---|
| Schmeiser v. Monsanto (2004) | Patent infringement of genetically modified plants |
| AstraZeneca v Apotex (2017) | Abolition of the "Promise Doctrine"—Lowering of the Utility Threshold |
| Choueifaty v. Canada (2020) | Patent Eligibility of Software Inventions—Criticism of the “Problem-Solution” Approach |
| Whirlpool v. Camco (2000) | Basic Principles of Claim Interpretation (Purpose-Based Interpretation) |
Remedies in the Federal Court of Canada
In the pharmaceutical sector, the Patented Medicines (Notice of Compliance) Regulations establish a unique procedure. It functions as a patent linkage system when generics enter the market.
Canada joined the PCT in 1990. PCT national phase entry is possible within 30 months of the priority date (with a maximum 12-month extension available, subject to a surcharge). By utilizing the JPO-CIPO PPH, early examination can be obtained based on claims granted in Japan.
JPO-CIPO PPH: Operational since 2008; available free of charge. Reduces processing time from the usual 3–5 years to 1–2 years. Canada also participates in the Global PPH (IP5+α).
The term of a patent is 20 years from the filing date. Annual fees are payable every year starting from the second year (accruing even before the patent is granted). A 12-month grace period is available for late payments.
New system in response to CUSMA
Supplementary Protection for Medicines
| Item | Japan | Canada |
|---|---|---|
| Language of Application | Japanese | English or French |
| Representative | Patent Attorney | Patent Attorney based in Canada |
| Deadline for Request for Examination | 3 years (from the filing date) | 4 years (from the filing date, for applications filed on or after October 2018) |
| PCT National Phase Entry | 30 months | 30 months (extendable by 12 months) |
| Start of annuity payments | After registration | From the second year of the application (prior to grant) |
| File-Wrapper Estoppel | Available | Introduced in 2018 |
| Patent Term Extension | Pharmaceutical PTE | PTR (2024) + CSP (2017) |
The Canadian patent system is undergoing modernization, including the introduction of File-Wrapper Estoppel in 2018 and the Patent Term Restoration system in 2024. For Japanese companies to succeed in their patent strategies in the Canadian market, it is crucial to combine the use of the JPO-CIPO PPH with effective enforcement of rights in the Federal Court, and—in the case of pharmaceuticals—to ensure that CSP and PTR applications are not overlooked. Please also see our PCT international patent applications and patent application services.
EVORIX Intellectual Property Law Firm provides comprehensive support for patent applications and enforcement in major North American countries, including Canada. Our experienced patent attorneys, working in collaboration with local agents, handle everything from subject matter compliance and PPH strategies to CSP/PTR utilization and infringement responses in the Federal Court.
*This article is based on the above primary sources and official information as of April 2026 and is intended to provide general information. As laws and regulations are subject to change, we recommend consulting primary sources and experts for the most up-to-date information. For specific decisions regarding individual cases, we recommend consulting experts, including local representatives.
AUTHOR / Author
Takefumi Sugiura
Representative Patent Attorney, EVORIX Intellectual Property Firm
Assists clients across a wide range of industries—including IT, manufacturing, startups, fashion, and healthcare—from patent, trademark, design, and copyright applications through to trials and infringement litigation. Also well-versed in intellectual property strategies for cutting-edge fields such as AI, IoT, Web3, and FinTech. Member of multiple organizations, including the Japan Patent Attorneys Association, the Asian Patent Attorneys Association (APAA), and the Japan Trademark Association (JTA).