Filing Information for Patent Cooperation Treaty National Phase Entry

In order to enter the national phase in Canada no document need be signed by the applicant. In every case, we as agents can sign all necessary papers required for national phase entry.

Items Needed to Enter the National Phase

  • Name(s) and address(es) of applicant and inventor(s);
  • The title of the invention;
  • Particulars of the International Application No. and International Filing Date;
  • Convention Priority Claim(s), if any, along with a certified copy of the priority document(s) (if this was not filed during the international phase); if a priority document is available through WIPO’s Digital Access Service (DAS), the access code may be provided instead of the certified copy; and
  • If the international application was published by the International Bureau in a language other than English or French, we must have an English or French translation including any Article 19 or Article 34 amendments which may have been made.

To enter the national phase, we can prepare and execute the required Request for Canadian National Phase Entry as agents for the applicant. There is no need for the applicant or inventors to sign this request, or any other application papers.

Supplemental Materials

We can obtain most of the documents filed during the international phase through WIPO.  However, please supply a copy of the Article 34 amendment(s) (if any), if they have not yet been published by WIPO.

Other Matters

The points discussed in the Filing Information for Patents under “Title Documents”, “Common Representative”, “Novelty Requirements”, “Small Entity Status”, “Request for Examination” and “Maintenance Fees” apply generally to PCT cases entering the Canadian national phase. Please bear in mind that a PCT case which enters the Canadian national phase is deemed to have been filed in Canada on the international filing date. Thus, the deadlines to request examination, and to begin paying maintenance fees, as well as the term of the patent, are calculated with reference to the international filing date.

For more information please contact us.