PCT National Phase Entry in Canada

Overview (from entry to grant)

  • When to enter: Enter the Canadian national phase within 30 months from the earliest priority date. Late entry is possible up to 42 months by reinstatement of rights (statement that the miss was unintentional + fee).
  • On entry: File in English or French. If your PCT text is not in English/French, submit a full translation at entry. Provide details for an address for service and appoint a Canadian patent agent where required by the Rules (common when the applicant is not the inventor or not all inventors are applicants).
  • Examination: Substantive examination begins only after a request for examination is filed. For PCT applications with filing dates on/after 30 Oct 2019, request examination within 4 years from the international filing date (5 years if earlier filing dates).
  • Prosecution to grant: Publication follows the usual 18-month timeline. You then respond to office actions with argument/amendment (no added matter). On allowance, complete grant formalities.

Essentials

TopicCanada rule (concise)
National phase deadline30 months from earliest priority; late entry via reinstatement permitted up to 30 + 12 months (42 months) with fee and an “unintentional” statement.
Filing languageEnglish or French. If the PCT is not in EN/FR, file a full EN/FR translation at entry.
RepresentationPatent agent required in common cases (e.g., applicant ≠ inventor; not all inventors are applicants; transfer recorded). Non-resident agents must appoint an associate agent in Canada.
What to file at entryNational-phase request, translation (if needed), basic national fee, and (if claiming small entity) small-entity declaration.
Examination windowRequest examination within 4 years from the international filing date (5 years if the PCT filing date is before 30 Oct 2019).
AmendmentsPermitted during national phase; no added matter. Translation corrections allowed to fix errors.
PublicationDefault at 18 months from earliest filing/priority.
TrackingStatus and documents via CIPO’s Canadian Patent Database (public portal).

Documents & information checklist

  • PCT application/publication numbers; earliest priority date
  • Full text for translation/verification (specification, claims, abstract, drawings) if EN/FR not already available
  • Applicant & inventor particulars; address for service; assignment/entitlement details if applicable
  • Claim count (note excess-claim fees arise later at examination/allowance); any Art. 19/34 amendments to carry through
  • Preferred timing for Request for Examination; any PPH intention

Official PCT NP fees at entry (CAD)

Fee item (at/for entry)Small entityStandardWhen it applies
Basic national fee234.90579.42Pay by the 30-month deadline (or with late-entry reinstatement) to start CA national stage. pctlegal.wipo.int
Reinstatement of rights (late entry to 42 months)289.19Pay only if entering between 30–42 months; includes “unintentional” statement. pctlegal.wipo.int
Additional fee for late payment attempt150.00Rare: if fees were attempted but not fully paid with late entry; see CPR 154(4). pctlegal.wipo.int
Maintenance fee(s) due at entry (if entering on/after 2nd or possibly 3rd anniversary of the international filing date)58.68 (yr 2) / 130.50 (yr 3)…130.50 (yr 2) / 289.19 (yr 3)…Pay any past-due anniversaries at entry when applicable (amount depends on which anniversary has passed). pctlegal.wipo.int

Notes:
• Translation is a vendor cost, not an official fee.
• Fees shown here are only those potentially due to commence national phase; request-for-examination, excess-claim, RCE and final fees arise later.


Process steps (practical view)

  1. File national-phase entry (EN/FR text; appoint agent where required; pay the basic national fee and any maintenance fee(s) due at entry).
  2. Cure formalities, if any.
  3. Within the window, request examination (time with portfolio strategy/PPH as relevant).
  4. Prosecute: respond to office actions with argument/amendment; interviews may be arranged if helpful.
  5. On allowance, complete grant formalities (final fee, page/claim top-ups if applicable).

What to share to get exact quotes

  • PCT number, publication number, earliest priority date
  • Claims/pages (and any 19/34 amendments to carry into Canada)
  • Whether translation is required and any terminology preferences
  • Target entry date and urgency; any intention to pursue PPH
  • Preference for timing of the Request for Examination

References

  • WIPO PCT Applicant’s Guide — Canada (2025): national-phase time limits, translation at entry, basic national fee CAD 579.42 / 234.90, reinstatement fee CAD 289.19, late payment fee CAD 150, maintenance-fee rules, and examination timing (4 years from international filing date for post-2019 filings). pctlegal.wipo.int
  • Patent Rules (SOR/2019-251) — agent appointment & Canadian associate requirements (ss. 27, 31). Justice Laws