Canadian Regulations for Late National Phase Entry to Change


If you have a PCT application that needs to be nationalized in Canada, it’s important to be aware of new changes to the regulations for late entry.

According to CIPO, if your application’s International Filing Date falls out before October 30, 2019, the deadline for national entry is still 30 months from the earliest priority date or 42 months from the earliest priority date with an additional payment of a $200 late entry fee.

In addition, if your application has an International Filing Date on or after October 30, 2019, the deadline is still 30 months from the earliest priority date.

However, there are new restrictions for those wishing to file applications after the 30-month deadline using the extension.

  1. Associates must explicitly request reinstatement of the applicant’s rights
  2. Associates must provide a statement with the reason for failure to enter the national phase by the 30-month deadline. The reinstatement will only be possible if the 30-month deadline was missed unintentionally


As this is a new policy that has yet to go into effect, it is unclear how the Canadian Patent Office will react to reasoning demonstrating that the failure to file by the 30-month deadline was unintentional. Therefore, our Canadian members strongly recommend that firms with clients who need to file into Canada inform those clients that the 42-month late entry deadline is no longer guaranteed and should NOT be relied on or used to purposely extend the 30-month deadline.

Whether you are filing into Canada, or anywhere around the world, The PCT Network grants you unparalleled access to the greatest resources and expertise in the world through our international intellectual property community, all under one roof. Where do you need to file? Request a quote today.



Limitations of AI in Patent Searching

While AI has transformed various industries, its application in patent searching has limitations. Initial search results are often inaccurate, requiring human intervention to refine them. Additionally, AI tools often lack access to non-patent literature, posing a risk in comprehensive searches.

Read More

Non-Standard Patent Searches: Exploring Product Identification and Patent Identification Searches

Non-standard patent searches are becoming increasingly important in the world of intellectual property. One type is the Product Identification Search, used when a patent is known, but it’s uncertain if a corresponding product exists. This helps evaluate commercial potential and competition. The Patent Identification Search, on the other hand, determines if a patent protects a known product, aiding in legal risk assessment. Both searches involve utilizing databases, classification codes, and expert guidance to make informed decisions in the complex realm of intellectual property.

Read More

Maximizing the Value of Your IP Portfolio through Effective Recordal Management

Learn how effective recordal management can help maximize the value of your intellectual property (IP) portfolio, prevent legal disputes, and fully exploit the value of your assets. Discover strategies for implementing accurate recordal management practices, including regular audits, clear policies and procedures, technology tools, and outsourcing to qualified service providers.

Read More

Get our insights delivered straight to your inbox.

Schedule a Demo

Schedule a Demo

Schedule a Demo

Schedule a Demo