Patents for Canadians

Defer Examination of your Patent

 

It is not necessary to request examination at the time of national entry. A request for national entry must be made within five years from the International Filing date.

It may be advantageous to defer requesting examination in Canada in order to await the outcome of examinations and other jurisdictions. Deferring examination will allow the claims to remain open to amendment.

If the need for examination arises, e.g. an infringement situation occurs in Canada, examination may be requested at that time.

When examination is requested in Canada, the claims and disclosure should be amended to incorporate all changes entered in other jurisdictions. Additional government and agency charges will apply for entering amendments, if not already effected prior to the request for examination.