How Canadian Businesses Use the PCT to Protect Inventions Internationally

Written By michael Downie

For Canadian businesses and inventors, the Patent Cooperation Treaty (PCT) remains a powerful and relevant tool for seeking international patent protection. Here's how it applies and interacts with Canada's patent system:  

  

🌍 What Is the PCT and Why It Matters in Canada  

The PCT is an international treaty administered by the World Intellectual Property Organization (WIPO). It allows inventors to file one international patent application that can later be pursued in over 150 countries, including Canada.  

  

🇨🇦 How Canadian Inventors Use the PCT  

1. Filing the International Application  

  • Canadian applicants can file a PCT application through the Canadian Intellectual Property Office (CIPO) or directly with WIPO.  

  • This application establishes a priority date and enters the international phase, which includes:  

  • International Search Report (ISR)  

  • Written Opinion on patentability  

  • Optional International Preliminary Examination  

2. Entering the National Phase in Canada  

  • After the international phase (usually 30 months from the priority date), applicants must enter the national phase in Canada to pursue actual patent rights.  

  • This involves:  

  • Filing a national phase entry with CIPO  

  • Paying applicable fees  

  • Possibly translating documents  

  • Responding to examination requests  

  

✅ Benefits for Canadian Businesses  

  • Global Reach: Protect your invention in multiple countries with one initial filing.  

  • Cost Efficiency: Delays national filing costs, giving time to assess market potential.  

  • Strategic Planning: Offers up to 30 months to refine business strategy before committing to national filings.  

  • Legal Certainty: Establishes a strong priority date across jurisdictions.  

  

📌 Important Considerations  

  • The PCT does not grant patents—each country decides whether to approve the application.  

  • You must enter the national phase in each country where protection is desired.  

  • Canadian businesses should work with a registered patent agent to ensure proper filing and compliance with both international and Canadian requirements.  

Disclaimer:

The content on this website is provided for general informational purposes only and does not constitute legal or professional advice. Visitors are encouraged to seek specific legal guidance by contacting the lawyers at CRS Law Collective or their own legal counsel regarding any particular matter. CRS Law Collective does not guarantee the accuracy, completeness, or currency of any information on this website. The materials published here are current as of their original publication date and should not be relied upon as accurate, complete, or applicable to any specific situation.

michael Downie
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