How to File a Canadian Patent Application for an Invention

What inventions can be patented in Canada?

A Canadian patent application is filed with the Canadian Intellectual Property Office (CIPO). CIPO describes a patentable invention as one that is new, useful and inventive or non-obvious.

• New: the invention must not already be part of the relevant prior art.
• Useful: the invention must work or perform a useful function.
• Inventive: the invention must represent a development or improvement that would not have been obvious to a person working in the relevant field.

CIPO recommends researching existing patents before investing in an application. Patent drafting can have long-term legal consequences because the description and claims define the invention and the protection being sought.

A patent protects an invention rather than a brand name or logo. If the protection you need concerns a business name, product name or other brand identifier, the relevant process may instead be Canadian trademark registration.

What should you do before filing?

CIPO recommends learning what can be patented, researching existing technology, considering whether professional patent-agent assistance is appropriate and deciding whether to request examination when filing.

Public disclosure can affect patent rights. CIPO advises applicants to consider patent protection before publicly disclosing an invention. Patent rights are territorial, so a Canadian patent application seeks protection in Canada and does not itself provide patent protection in other countries.

What is required to get a Canadian filing date?

You can obtain a filing date before every part of the final application package is complete. At minimum, CIPO requires:

• an indication that the grant of a patent is being sought;
• information allowing the applicant and any co-applicants to be identified;
• contact information for the applicant and any co-applicants; and
• a document that appears to be a description of the invention.

The initial description used to establish the filing date may be submitted in any language. If it is not in English or French, CIPO will send a notice requiring a translation, with two months from the notice date to provide it.

If the filing does not satisfy the minimum requirements, CIPO sends a notice identifying what is missing. The applicant generally has 2 months to respond. If the missing filing-date requirements are supplied on time, the filing date becomes the date on which CIPO received the last required item. If they are not supplied by the deadline, the application is deemed never to have been filed.

What does a complete patent application contain?

CIPO's complete-application checklist includes several components.

Petition and applicant information

The petition is the formal request for a patent. It includes the patent title and the names and addresses of the applicant and any co-applicants. When filing through MyCIPO Patents, the information entered online is used to generate the petition.

Entitlement and inventor information

The application must include the required statement establishing the applicant's entitlement to apply and must identify the names and addresses of all inventors.

Abstract

The abstract is a concise summary of the invention and how it can be used. CIPO specifies a maximum of 150 words.

Claims

The claims define the subject matter for which patent protection is sought. They are a critical part of the application because they establish the boundaries of the requested patent rights.

Description

The description must explain what the invention is and how it works clearly enough that another person could make and use the invention based on the disclosure. CIPO emphasizes that the description should be complete because new information cannot be added to the application after filing. Later amendments must remain supported by what was originally disclosed.

Drawings and sequence listings

Drawings should be provided where appropriate and must comply with CIPO's formatting requirements. If the application contains certain protein or nucleic-acid sequences, a sequence listing meeting the applicable international format may also be required.

How do you submit the application?

The main electronic route is MyCIPO Patents. Access to MyCIPO Patents uses a My Canada Business Account. The service can be used to submit a Canadian patent application and pay applicable fees.

CIPO also accepts patent filings by mail and provides for physical delivery to the Commissioner of Patents at CIPO headquarters in Gatineau, Quebec.

If you are establishing a business around the invention, patent filing is separate from obtaining a CRA Business Number or incorporating a federal business corporation.

How much does it cost to file a patent application in 2026?

CIPO's 2026 fee schedule lists the application fee as $595.06 at the standard rate and $241.24 for an eligible small entity.

The application fee is not the only possible cost. Separate fees can apply for examination, excess claims, annual maintenance, continued examination, advanced examination and the final fee before grant.

The application fee does not have to be paid merely to establish a filing date. However, if it is not paid at filing, it becomes late and the application fee plus the prescribed late fee will be required. CIPO sends a notice, and its current filing guidance states that the required fees must be paid within three months of the notice or the application will be withdrawn.

Can you qualify for small-entity fees?

CIPO states that a small entity generally includes an organization with fewer than 100 employees or a university, subject to exclusions in the Patent Rules. For example, an entity controlled by a non-university entity with 100 or more employees does not qualify, and certain transfers, licences or obligations involving a larger entity can also prevent small-entity status.

The relevant status is based on the applicant at the filing date. To use reduced fees, a valid small entity declaration must be submitted in accordance with the Patent Rules. CIPO recommends submitting it at filing if the applicant wants to benefit from reduced fees from the outset.

What happens after you file?

If the application meets the filing requirements, CIPO states that you should receive a filing certificate within 15 business days of its receipt of the application. The certificate contains the filing date and patent application number.

A filing certificate means the application is pending. It does not mean a patent has been granted.

In general, a Canadian patent application becomes publicly accessible through the Canadian Patents Database 18 months after its filing date or, where applicable, its earliest priority date.

Do you have to pay fees while the application is pending?

Yes. Annual maintenance fees begin on the second anniversary of the filing date. They continue while the application is pending and, if a patent is granted, while the patent remains in force according to the applicable rules.

CIPO warns that it does not send reminder letters before a maintenance-fee due date. Missing a payment can result in additional late-payment requirements and can jeopardize the application.

Does CIPO automatically examine your patent application?

No. Filing a patent application does not automatically trigger substantive examination. A request for examination must be made and the applicable examination fee paid.

For most Canadian applications, the request must be made within 4 years of the filing date. Examination can also be requested when the application is initially filed.

For 2026, CIPO lists the basic examination fee in the usual case as $1,190.13 at the standard rate or $482.48 for an eligible small entity. An additional examination fee applies for each claim over 20. Different basic examination fees apply in the specified situation where the Canadian Commissioner performed the international search.

If the four-year deadline is missed, CIPO sends a notice. The applicant then has two months to request examination and pay the examination fee plus the applicable late fee. CIPO expressly warns that applicants do not receive an advance reminder that the four-year examination deadline is approaching.

How long does patent examination take?

Patent examination is not a quick approval process. CIPO states that the examination process may take more than 2 years.

CIPO's current examination guidance says that a first examiner's report should generally arrive approximately 14 months after examination is requested. Examination can involve multiple exchanges because examiners frequently raise questions or objections to claims.

These examination timelines are separate from the approximately 15-business-day estimate for receiving a filing certificate. The filing certificate only confirms that the application has obtained a filing date and application number.

What happens if the examiner objects to the application?

If an examiner finds that the application does not meet the legal requirements for patentability, CIPO sends an examiner's report explaining the objections. The applicant can respond with arguments and, where legally permitted, amendments.

CIPO's current guidance provides 4 months from the mailing date of an examiner's report to respond. Failure to respond can result in the application being deemed abandoned.

Patent claims often require amendment during examination, but amendments cannot introduce subject matter that was not supported by the application as originally filed.

What happens if CIPO allows the application?

If the examiner allows the application, CIPO sends a Notice of Allowance. The final fee must generally be paid within 4 months of receiving the notice.

CIPO states that, after the required final fee is received, the patent is granted and the patent certificate is issued. Its examination guidance says the patent should be sent within approximately eight weeks after receipt of the final fee.

What if the patent application is refused?

If an application remains unacceptable after the examination process and final action, it can be reviewed by the Patent Appeal Board. The applicant can request a hearing.

If the Commissioner ultimately refuses the application, the decision may be appealed to the Federal Court. CIPO states that the appeal period is 6 months, with the applicable period also identified in the Commissioner's Decision.

Common mistakes to avoid

• Filing an inadequate description: new subject matter cannot simply be added later, so the original disclosure should fully explain the invention.
• Assuming filing starts examination: examination requires a separate request and fee.
• Missing the examination deadline: for most applications, the request is due within four years of filing.
• Forgetting maintenance fees: annual maintenance fees begin on the second anniversary of filing.
• Claiming small-entity fees without checking eligibility: reduced fees depend on the Patent Rules conditions and a valid declaration.
• Confusing patents and trademarks: patents concern inventions, while trademarks protect signs used to distinguish goods or services.