Reasons for Filing in Canada

  1. Productive and cost effective Patent Prosecution;
  2. Late entry into the national phase (42 months);*
  3. 4-month or 6-month office action response term;
  4. 1 year grace period for prior disclosures directly or indirectly from the inventors or the applicant;
  5. PCT standard for unity of invention;
  6. Options for Expedited Examination through Advanced Examination or Patent Prosecution Highway (PPH);
  7. Patent examination may be delayed by delaying the request for examination until 5 years from filing date to benefit from prosecution in other jurisdictions;
  8. Sizeable Canadian market with options for patent enforcement;
  9. Permissive divisional practice;
  10. No excess claims fees (only excess page fees over 100 pages);
  11. No translation needed, if already drafted in/translated into English or French; and
  12. the Carbon Patent Group.

* -  Late 42-month entry "as of right" for PCT applications with international filing dates before Oct. 30, 2019;  for applications with international filing dates on or after Oct. 30, 2019, late entry up to 42 months will be permitted only if the 30-month deadline was missed unintentionally.