How to Fast-Track Your Patent Application in Canada: A Guide for Innovators
In Canada, the fast-track patent process is designed to accelerate the examination of patent applications through several pathways. This is especially useful for businesses and inventors who need quicker protection for their innovations. Here's a breakdown of the main options available:
🚀 Fast-Track Patent Options in Canada
1. Patent Prosecution Highway (PPH)
The PPH allows applicants to fast-track examination if a corresponding patent application has been deemed allowable by one of Canada's international partners (e.g., USPTO, EPO, JPO).
✅ Eligibility Requirements
The Canadian and foreign applications must share the same earliest priority or filing date.
At least one claim in the foreign application must be allowed.
Canadian claims must be similar or narrower than those allowed abroad.
The Canadian application must be open to public inspection, and a request for examination must be filed.
No official fee is required for PPH requests1.
📄 How to Apply
Submit a PPH request form to CIPO.
Include the foreign office’s work product and claim correspondence table if needed.
Once accepted, a first office action is typically issued within 3 months2.
2. Advanced Examination for Green Technologies
If your invention helps mitigate environmental impacts, you can request accelerated examination under paragraph 84(1)(a) of the Patent Rules.
No additional fee is required.
Must demonstrate that delay would prejudice rights or public interest3.
3. COVID-19 Related Inventions
Small businesses and universities working on COVID-19-related technologies can apply for accelerated examination.
Applies to medical products and processes supporting pandemic response.
Must employ fewer than 100 employees.
4. Proposed Ultra-Fast-Track Pathway (2025 Initiative)
CIPO is considering a fee-based ultra-fast-track option as part of its modernization efforts.
Would allow even faster examination timelines.
Currently under review as part of the Red Tape Review initiative.
🧠 Why Use Fast-Track Options?
Speed to Market: Ideal for tech and biotech sectors where innovation cycles are short.
Investor Readiness: Helps startups secure IP before funding rounds.
Legal Strategy: Useful when facing potential infringement or needing enforcement clarity.
In Canada, the fast-track patent examination process significantly reduces the time it takes to receive a patent compared to the standard route. Here's a breakdown of how long it typically takes under various fast-track options:
⏱️ Fast-Track Patent Timelines
1. Standard Patent Timeline
Average time to grant a patent: 6.5 years from filing under regular examination1.
2. Fast-Track via Advanced Examination (Special Order)
First Office Action: Typically issued within 7 months of the request.
Average total time to grant: Around 373 days (~1 year).
Requires a statement of prejudice and a fee (e.g., $694 in 2024).
3. Patent Prosecution Highway (PPH)
First Office Action: Often issued within 3 months.
Total time to grant: Can be under 1 year, depending on responsiveness and claim clarity.
No fee required for the PPH request.
4. Green Technology or COVID-19 Relief
Similar timelines to Special Order or PPH.
Designed for inventions with environmental or public health impact.
No fee required, but eligibility must be justified.
🧠 What to Expect
Responsiveness matters: Applicants must reply quickly to examiner reports (often within 3 months).
No extensions: Fast-track status may be lost if delays or abandonment occur.
Higher grant rate: Fast-track applications have an 85% grant rate, compared to 69% for regular ones.
Here’s a detailed guide to help you understand and navigate the fast-track patent process in Canada, including what affects approval, how to prepare for the first office action, and what qualifies under the green technology criteria.
✅ What Affects Fast-Track Patent Approval in Canada
Fast-track approval depends on several factors:
1. Type of Fast-Track Program
Canada offers four main fast-track options:
Advanced Examination (Special Order) – Requires proof that delay would prejudice rights.
Green Technology Program – For inventions that help mitigate environmental impacts.
Patent Prosecution Highway (PPH) – Based on approval from a foreign patent office.
COVID-19 Relief – For small entities working on pandemic-related technologies.
2. Quality of Application
Clear, concise claims and descriptions.
Well-documented novelty and non-obviousness.
Avoiding vague or overly broad claims.
3. Timely Responses
Delays, extensions, or abandonment remove fast-track status.
Applicants must respond promptly to office actions.
🧠 How to Prepare for the First Office Action
An office action is the examiner’s initial response to your application. Here's how to prepare:
1. Understand the Types
Non-Final Office Action: First round of objections or rejections.
Final Office Action: Issued if prior objections remain unresolved3.
2. Common Issues
Prior art conflicts (lack of novelty).
Obviousness.
Claim clarity or formal errors.
3. Preparation Tips
Review cited prior art thoroughly.
Clarify and narrow claims if needed.
Consult a patent agent for strategic amendments.
Respond within deadlines to maintain fast-track status.
🌱 Green Technology Criteria for Fast-Track
To qualify under Canada’s Green Technologies Program, your invention must:
1. Meet Environmental Impact Criteria
Help resolve or mitigate environmental impacts.
Conserve the natural environment or resources.
2. Submission Requirements
A statement explaining how the invention meets green criteria.
A request for advanced examination.
A request for examination (if not already submitted).
Optionally, a request for early laid-open date if before 18 months.
3. No Additional Fee
Unlike other fast-track options, the green tech pathway is free.
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.