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Patent system, trademark registration, annuity management, and renewals in Canada.
Before You Start
Before filing or quoting, you'll typically confirm these first
- 1
Whether to pursue the Paris route, PCT national phase, or start with trademark registration in Canada
- 2
Which of patent filing, trademark registration, annuity, or renewal is the most urgent priority
- 3
Whether to verify the official portal, search system, and key deadlines before moving to a quote or engagement
The sections below cover each module — use the navigation to jump directly to what you need.
Patent System & Process
Patent System in Canada
Canadian patents are administered by CIPO under a first-to-file system with absolute novelty requirements (with a 12-month grace period exception). Protection lasts 20 years from the filing date. Canada is a PCT member; national phase entry is due within 30 months of the priority date. Applications may be filed in English or French. Major 2019 patent law updates confirmed the first-to-file standard, extended the grace period, and made other important amendments.
Patent Types and Term ▾
Canada has two main IP right types for technical inventions:
**Patent:**
- Term: 20 years from filing date
- Requires substantive examination (must file examination request; see below)
- Covers product, method, composition, and use inventions
**Note:** Canada has no petty patent or utility model system akin to China's utility model or Germany's Gebrauchsmuster.
**Industrial Design:**
- Registered through a separate CIPO process; 10-year term (post-2018 amendment)
- Administered separately from patents
Source: Canada Patent Act; CIPO guidelines
12-Month Novelty Grace Period ▾
Canada provides a 12-month novelty grace period. Disclosures made by the applicant (or derived from the applicant) within 12 months before the Canadian filing date do not invalidate novelty.
**2019 Amendment:** The grace period was broadened post-2019, extending protection to disclosures derived from the applicant's own disclosures.
**Note:** While Canada has a 12-month grace period, this does not mean filing can be delayed. Timely filing protects against third-party first-filings and is a prerequisite for protection in jurisdictions without a grace period.
Source: Canada Patent Act s. 28.2; 2019 amendments (CUSMA implementation)
Examination Request Required (Within 4 Years) ▾
Canadian patent applications do not automatically enter substantive examination. Applicants must file a **Request for Examination** with CIPO within **4 years** of the filing date, along with the examination fee.
Failure to file the examination request by the deadline results in the application being deemed abandoned.
After the request, CIPO typically issues a first Office Action within 6–24 months. Overall prosecution time from filing to grant is typically 3–5 years.
Source: Canada Patent Act s. 35; CIPO examination guidelines
PCT National Phase Entry — Canada ▾
- Deadline: 30 months from the priority date
- May be filed in English or French
- National phase entry fees apply
- After entry, an examination request must still be filed within 4 years of the original PCT international filing date
- A Canadian patent agent is not mandatory but is strongly recommended for prosecution
Source: WIPO PCT Applicant's Guide — CA; Canada Patent Act
Maintenance Fees ▾
Canadian patent applications require maintenance fees starting from **year 2** (calculated from the filing date).
- Fees must be paid annually before each anniversary
- After grant, fees continue until expiry (20 years)
- A 12-month grace period (with surcharge) applies for late payment
- Missed payments beyond the grace period can lead to lapse
**Small Entity Discount:** Qualifying small businesses or individual inventors pay significantly reduced fees.
Source: Canada Patent Act; CIPO fee schedule
Madrid System (Joined 2019) ▾
Canada joined the Madrid Protocol in **June 2019**, making it one of the later major economies to accede. Prior to 2019, applicants had to file directly with CIPO (Canada could not be designated via Madrid). Since June 2019, international registrations can designate Canada. CIPO examines under Canadian national law, same as direct applications.
Source: WIPO Madrid — CA Member Info
DAS Support ▾
CIPO participates in WIPO DAS. Applicants can electronically transmit priority documents to other participating offices through DAS.
Source: WIPO DAS; CIPO DAS procedures
Bilingual Requirements (English/French) ▾
Canada is officially bilingual. Patents and trademarks may be filed in either English or French. A translation may be added after filing without loss of the filing date. Trademark descriptions in one language are typically accompanied by the other official language.
Source: Canada Patent Act; Canada Trademarks Act
Trademark System & Process
Trademark System in Canada
Canadian trademarks are administered by CIPO's Trademarks Branch. A major 2019 Trademark Act amendment removed the use-as-basis requirement for registration (previously, proof of use or proposed use was required), simplified multi-class filings, and introduced new trademark types. Canada also joined the Madrid Protocol in 2019. Registrations are valid for 10 years, renewable indefinitely.
2019 Amendment: Use No Longer Required for Registration ▾
Prior to 2019, Canadian trademark registration required either proof of actual use in Canada or a declaration of proposed use.
**Post-2019 Amendment** (effective June 17, 2019):
- No use declaration or proposed use statement is required to file for registration
- Neither direct Canadian applications nor Madrid designations require a use basis
- However, post-registration use still matters: a trademark can be cancelled for non-use within 3 years of registration
**Practical impact for foreign applicants:** No longer need to manage use declarations, significantly simplifying the Canadian application process.
Source: Canada Trademarks Act (2019 Amendment); CIPO trademark guidelines
Examination Process and Timeline ▾
CIPO Trademarks examination process:
1. Formal examination, assigned official file number
2. Substantive examination (absolute grounds; CIPO generally does NOT search conflicting marks proactively)
3. Respond to any examiner objections within the required period
4. Publication (2-month opposition period; any party may oppose)
5. Registration (if no opposition or opposition resolved in applicant's favor)
Typically 18–36 months from filing to registration. CIPO has experienced significant backlogs in recent years.
Source: Canada Trademarks Act; CIPO trademark examination guidelines
Madrid System Designation of Canada ▾
Since June 2019, international applications can designate Canada. CIPO examines designated applications under Canadian national law — same standards as direct filings. Provisional refusals must be responded to within the required period.
Source: WIPO Madrid — CA; Canada Trademarks Act
3-Year Non-Use Cancellation ▾
Canadian trademark law allows any person to apply to cancel a trademark registration that has not been used in Canada within 3 years of registration. The registrant must provide evidence of use in Canada within the 3 years preceding the cancellation application date.
Use must meet the definition in the Canadian Trademarks Act: bona fide use in the normal course of trade at the time of transfer of property or performance of services.
Source: Canada Trademarks Act s. 45
Term and Renewal ▾
Canadian trademark registrations are valid for 10 years from the registration date, renewed every 10 years. A renewal application must be filed before expiry. No proof of use is required for renewal (though long-term non-use creates cancellation risk).
Source: Canada Trademarks Act s. 46
Bilingual Trademark Considerations ▾
For brands operating in Canada — especially in Quebec (French-speaking) — it is advisable to register both English and French trademark versions for full national coverage. Quebec's Charter of the French Language (Bill 96) requires French to appear on trademarks, packaging, and advertising used in Quebec (at least as prominently as English).
Source: Quebec Charter of the French Language; Canada Trademarks Act
Patent Annuity
Canada Patent Annuities
Canadian patents require maintenance fees from year 2 from the filing date. Fees are due before each anniversary (or can be paid late with surcharge within 12 months). After grant, fees continue until expiry (20 years). Small Entity applicants receive a significant fee discount.
Source: Canada Patent Act; CIPO fee schedule
Trademark Renewal
Canada Trademark Renewals
Canadian trademark registrations are valid for 10 years from registration, renewed every 10 years. No proof of use required for renewal. Registrations unused for 3 years after grant are vulnerable to non-use cancellation under s. 45 proceedings.
Source: Canada Trademarks Act s. 45, s. 46
FAQ
Common Questions — Canada IP
How long does Canadian patent protection last? ▾
20 years from the filing date. Maintenance fees are due annually from year 2. Canada has no petty patent or utility model system.
Does Canada have a novelty grace period? ▾
Yes, Canada provides a 12-month grace period. Applicant's own disclosures (or disclosures derived from the applicant) within 12 months before the Canadian filing date do not affect novelty. However, filing before any disclosure is still recommended to prevent third-party pre-filing and to preserve protection in countries without a grace period.
By when must I file a Canadian examination request? ▾
The examination request must be filed within 4 years of the filing date, or the application is deemed abandoned.
What is the PCT national phase deadline for Canada? ▾
30 months from the priority date. After entry, an examination request must still be filed within 4 years of the original PCT international filing date.
When did Canada join the Madrid System? ▾
Canada joined the Madrid Protocol on June 17, 2019, making it one of the later major economies to accede. Prior to 2019, applications had to be filed directly with CIPO.
Does a Canadian trademark require proof of use for registration? ▾
No. Since the 2019 amendment, no use declaration or statement of proposed use is required for registration. However, the registration must be used in Canada within 3 years of registration, or it may be cancelled for non-use under s. 45 proceedings.
What is the Canadian trademark s. 45 non-use cancellation? ▾
Section 45 of the Trademarks Act allows any party to request CIPO to require the registrant to show use of the mark in the preceding 3 years. If the registrant cannot prove use, the registration can be struck. This is a powerful tool for clearing conflicting registrations.
Are there special requirements for trademarks in Quebec? ▾
Quebec's Charter of the French Language (reinforced by Bill 96 in 2022) requires French to appear on trademarks, packaging, and advertising used in Quebec (at least as prominently as English). When planning Canada-wide brand protection, register both English and French trademark variants for full Quebec market coverage.
What are the key differences between Canadian and US patent applications? ▾
Key differences: (1) Examination request: Canada requires a request within 4 years; the US examines automatically. (2) Grace period: Both have 12-month grace periods, but the US is broader (third-party disclosures also covered). (3) Maintenance fees: Canada from year 2 (from filing); US after grant. (4) Madrid: Canada joined 2019 (US joined 2003). (5) Bilingual: Canada accepts English or French.
What are typical costs and timelines for Canadian trademark registration? ▾
Government fees are relatively modest (varying by channel); with agent fees, costs are comparable to or slightly lower than the US. Examination typically takes 18–36 months (CIPO has experienced some backlog in recent years); total registration timeline depends on any objections and opposition.
Official Reference Sources
Sources for This Page
CIPO Official Website www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/home Canadian Patent Database (CPD) brevets-patents.ic.gc.ca/ Canadian Trademarks Database www.ic.gc.ca/app/opic-cipo/trdmrks/srch/home WIPO PCT Guide — CA www.wipo.int/pct/en/appguide/ WIPO Madrid — CA Member Info www.wipo.int/madrid/en/members/ WIPO DAS www.wipo.int/das/
Content based on official sources above, last reviewed: 2026-04. In case of discrepancy with the latest official publications, official sources prevail.
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