PCT NATIONAL PHASE ENTRY
Canada

As per the Canadian government, the nation is both a prominent hub and originator of intellectual property rights, distinguished for its efficiently structured intellectual property system. Canada became a Patent Cooperation Treaty (PCT) contracting state on 2 January 1990. In Canada, patents follow a "first-to-file" approach, this emphasizes the critical need to promptly prepare and submit a patent application to ensure timely protection of intellectual property rights.

The major requirements and procedure to file a patent application in Canada are mentioned below:

The designated period for submitting a patent application in Canada under the framework of the Patent Cooperation Treaty (PCT) is 30 months from the earliest date of priority.

Canadian patent applications can be submitted in either English or French, but it's essential to maintain consistency in the chosen language throughout the application. 

Applicants can file patent application for late entry in national phase up to 42 months from the initial priority date, given that they fulfill the requirements by submitting the national phase entry fee along with an additional late entry fee.

The essential documents required for filing a national phase application include:

• Power of Attorney: 
• Declaration: If the person applying is not the inventor, the application must include a statement providing the name and address of the inventor. Additionally, it should contain a declaration stating that the applicant is either the legal representative of the inventor or is entitled to apply for and be granted a patent.
• Verified Translation

Some fees in the national phase entry are reduced for applicants who meet the criteria as small entities.

If the international filing date for filing request for examination is before October 30, 2019, there is a five-year period to complete certain actions. If the international filing date is after October 30, 2019, there is a four-year period for the same actions .

The Patent Prosecution Highway (PPH) is a way to expedite the evaluation of a patent application. It becomes applicable when a corresponding patent application is already considered allowable by one of the PPH partners. 

CIPO is in the Global Patent Prosecution Highway (GPPH), which has the same rules for all member countries. Besides that, CIPO also has special agreements with EPO, IMPI (Mexico), INAPI (Chile), SIPO (China), and Taiwan through bilateral PPH pilot programs.

PCT-PPH is one of several teamwork initiatives. Various patent offices have agreed to work together to help applicants get their patents faster. In the national phase, where patent examiners review applications, they can use information and findings from each other's offices. These shared findings can include:

• The information from the International Searching Authority's written opinion,
• The International Preliminary Examining Authority's written opinion, or
• The international preliminary examination report under the PCT can be used by patent examiners during the process, but there are certain conditions that must be met.

The Canadian Intellectual Property Office has established PCT-PPH agreements with:

China (CN): China National Intellectual Property Administration (CNIPA)

Europe (EP): European Patent Office

Maintenance fees must be paid in advance, on or before each anniversary of the international filing date, starting from the second anniversary. If entry into the national phase occurs after the second or third anniversary of the international filing date, maintenance fees that are due should be paid upon entering the national phase in Canada. Late payment is possible within 2 months from the corresponding notice or 6 months after the due date, whichever is earlier, by paying the late payment fee.

The validity of patents in Canada lasts for a period of twenty years from the international filing date.

In 2017, Canada introduced Patent Term Extensions (PTE) for pharmaceutical and veterinary medicine patents through amendments to the Patent Act and the creation of Certificate of Supplementary Protection Regulations (CSP Regulations). This allows a two-year extension beyond patent expiry through the issuance of a Certificate of Supplementary Protection (CSP).

Canada achieves an impressive 15th position among the 132 economies showcased in the GII 2022, showcasing a noteworthy improvement from its 2021 ranking of 16. Furthermore, the country holds the 14th spot among the 48 high-income group economies and secures the 2nd position among the 2 economies in Northern America. This underscores Canada's continued commitment to innovation and its enhanced standing on the global stage.

This nation is making waves globally, ranking 13th in total patent applications and holding the 11th spot for abroad applications. It's also the 12th for PCT National Phase Entries, showcasing a commitment to international patent cooperation. On the economic front, it stands strong at 9th place globally. These achievements underline the nation's prowess in innovation and its robust presence on the world stage.