Costs to File a Patent Application in Canada
Although a patent application can be filed by anyone, you may want to consider hiring a patent lawyer to assist you to avoid making any costly mistakes that may affect your ability to patent your invention.In order to receive a filing date from the Canadian patent office you must submit:a petition (a form that identifies that a patent is requested);
a document that describes an invention; and
your name and address, and if you have a patent agent, the patent agent's name and address.
The format of the petition can be found in Form 3 of the Patent Rules. The petition can also include a declaration that the applicant is a small entity and entitled to pay reduced fees (typically half for most fees).
A filing date can be obtained without sending in a complete application, but it is to your advantage to submit an application that is complete and descriptive as possible because you cannot add subject matter to the description after you have received a filing date. If you don't submit a complete application you will receive a request from the Canadian patent office to submit the remaining documents along with an additional $200 fee. A complete application includes the following:A petition requesting a patent be granted;
An abstract (short 150 word summary of your invention);
A description that provides detailed information about the invention and its parts;
Claims;
Drawings (in most cases); and
Fees.
The claims are one of the most important parts of the patent application as they provide the legal basis for protection of your invention. You may wish to seek professional help to ensure that your claims are properly drafted. Improperly drafted claims can leave your invention inadequately protected resulting in a waste of time and money spent on the patent application process.
If you qualify as a small entity (e.g. individual inventors with no obligation to assign rights in the invention) the filing fee for the application is $200. A unique aspect to Canadian patent practice is that you must also request examination if you want the patent office to determine whether to grant your application. The fee for requesting examination is $400 if you qualify as a small entity. If the patent office decides to grant your application a final fee of $150 is due as a small entity. If your organization does not qualify as a small entity then these fees are double.
Maintenance fees are also due to keep your application pending. Over the life of the patent application and after grant a small entity could expect to pay $2400 in maintenance fees. These fees are due each year after the second anniversary of the filing date of the application.
Filing a patent application in Canada can be a complex process and you may want to seek professional assistance from a Canadian patent lawyer to avoid making any costly mistakes. The Canadian patent office web page can also be used to submit a patent application electronically and pay the fees by credit card here.Good luck!
The format of the petition can be found in Form 3 of the Patent Rules. The petition can also include a declaration that the applicant is a small entity and entitled to pay reduced fees (typically half for most fees).
A filing date can be obtained without sending in a complete application, but it is to your advantage to submit an application that is complete and descriptive as possible because you cannot add subject matter to the description after you have received a filing date. If you don't submit a complete application you will receive a request from the Canadian patent office to submit the remaining documents along with an additional $200 fee. A complete application includes the following:
The claims are one of the most important parts of the patent application as they provide the legal basis for protection of your invention. You may wish to seek professional help to ensure that your claims are properly drafted. Improperly drafted claims can leave your invention inadequately protected resulting in a waste of time and money spent on the patent application process.
If you qualify as a small entity (e.g. individual inventors with no obligation to assign rights in the invention) the filing fee for the application is $200. A unique aspect to Canadian patent practice is that you must also request examination if you want the patent office to determine whether to grant your application. The fee for requesting examination is $400 if you qualify as a small entity. If the patent office decides to grant your application a final fee of $150 is due as a small entity. If your organization does not qualify as a small entity then these fees are double.
Maintenance fees are also due to keep your application pending. Over the life of the patent application and after grant a small entity could expect to pay $2400 in maintenance fees. These fees are due each year after the second anniversary of the filing date of the application.
Filing a patent application in Canada can be a complex process and you may want to seek professional assistance from a Canadian patent lawyer to avoid making any costly mistakes. The Canadian patent office web page can also be used to submit a patent application electronically and pay the fees by credit card here.Good luck!
Source...