How much does it cost to patent an idea in canada [Solved]

Last updated : Aug 1, 2022

Write a comment

hi i'm neil milton i'm the founder of this law firm milton's ip and a canadian patent lawyer what's the cost to apply for a canadian patent application will cost you approximately 1500 to 2 000 canadian dollars to get your application on file the exact number will depend on whether you're a small entity or a large entity the number of assignments and please feel free to use the online quotation system or ask us and we'll generate a particular quote that applies to your circumstances from the time you file to the time you secure patent rights the cost of that prosecution will depend greatly on whether you're able to use the patent prosecution highway agreement in place for instance between the u.s patent office and the canadian patent office or whether your application must be prosecuted from scratch in canada either because there's no pph or there's a substantive reason to try to secure different patent claims different rights in canada than were secured in other jurisdictions if you use a pph type approach general cost will be approximately 2 500 bucks leading to a total cost of 4 000 to secure canadian patent rights not including the maintenance fees canadian maintenance fees are approximately half the cost of u.s maintenance fees but they must be paid annually so they're not the every five years the way they are in the united states they're every year over the course of the of the application i invite you to learn more about canadian patents watch the videos read the materials but of course if you have a question or you're ready to file your application in canada please use the online form or send us an email we're here to help and there's no obligation until you're ready to proceed when you're ready to proceed we're ready to help thank you

Thanks for your comment Isaiah Trickel, have a nice day.
- Kerry Aronhalt, Staff Member

hello my name is tanner hugh gazelli and i'm a registered canadian patent agent at the patent and trademark agent firm craig wilson and company in mississauga ontario canada in this video i'll be discussing the process for searching applying for and acquiring patent protection in canada for your invention it's not an entirely straightforward process but i do look forward to describing it to you in more detail let's get started a recommended first step in the patent process is to have a patent search made the idea behind a patent search is to locate patents and publish patent applications which are in the field of technology to which your invention relates i say that a search is recommended because it is not a mandatory part of the process however it is strongly recommended that you have a search made before proceeding with filing a patent application drafting a patent application and filing patent applications especially in more than one country is a substantial monetary investment patent search provides you with an assessment of the patent activity in your technology area it will also provide you with a likelihood of success in obtaining patent protection for your invention and an estimate on what the scope of protection will look like once that patent protection is obtained this can be helpful information to know before you decide to invest in having a patent application drafted and filing in one or more countries around the world if the search fails to locate a reference which covers one or more features of your invention then you may have an invention which is clear the prior art and for which you may be able to obtain patent protection should you decide to file a patent application i strongly recommend you reach out to a registered canadian patent agent such as myself to have your search made a patent agent is in the best position to provide you with an assessment of the prior art what it means and how it will impact your patent application going forward assuming the search comes back favorably and your invention has at least one feature which is clear the prior art then the next step is to have a patent application drafted drafting a patent application is a complicated process with many do's and don'ts so we recommend that you reach out to us to assist you with this important step a patent application includes a description of your invention and how you've put it into practice drawings if your invention or parts of it can be illustrated and a section at the end called the claims which outline the invention which you believe to be your exclusive property drafting a patent application is a very involved process and you can expect to be speaking with your patent agent at numerous times throughout the drafting process once you're in agreement with the patent application and there are no further changes to make and we can proceed to the step of filing your patent application in a first jurisdiction the first jurisdiction might be filing directly into a country such as canada or the united states or it may involve the filing of an international application the optimal filing strategy for your invention should be the subject of a discussion that you have with your patent agent before you choose which jurisdiction to file in first once your patent application has been filed it will remain confidential for a period of 18 months and will then be published this time frame is the same in most jurisdictions so for now let's assume the application that we're talking about has been filed in canada sometime after publication your patent application will be examined by a canadian patent examiner the examiner will review your application for compliance with the canadian patent act and the canadian patent rules they will also do their own patent search to locate their own prior references if the examiner has any objections on the basis of formalities or in view of a prior reference then the examiner will issue an examiner's report also known as an office action during the examination process you should expect one or more office actions to be issued each time an office action is issued you will be offered the chance to provide arguments or remarks as to why the examiner should withdraw the objection or you may also enter amendments to your application in order to overcome the objections raised by the examiner if your patent search was thorough then any references raised by the examiner should not pose a major issue once the examiner has no further objections to raise then the examiner will issue a notice of allowance notice of allowance provides you with a deadline within which you may pay the final fee or the issue fee for your patent application once the issue fee is paid some weeks later your patent application will proceed to grant once your patent application is granted you will then have the right to exclude others from making using or selling your invention in canada on average you should expect the process from filing your application through to grant of your patent to take anywhere from three to four years in canada it's best to partner with a canadian patent agent to assist you with this relatively lengthy and certainly not entirely straightforward process it's been my great pleasure to speak with you today about the process for acquiring patent protection in canada for your invention thank you very much for joining me and i look forward to seeing you next time you

Thanks priedalitalesL your participation is very much appreciated
- Kerry Aronhalt

About the author

Kerry Aronhalt

I've studied ethnozoology at Marshall University in Huntington and I am an expert in christian theology (outline). I usually feel dorky. My previous job was home health technician I held this position for 29 years, I love talking about car riding and airsoft. Huge fan of Leighton Meester I practice mountaineering and collect sports cards.