Canadian patent application: drafting and filing
Preparing the description, claims and drawings for a Canadian utility patent application and filing it with CIPO.
What is included
- Reviews your invention and any public disclosures
- Runs or reviews searches for earlier patents and publications
- Drafts and files the application, often with a registered patent agent
- Responds to examiner's reports
- Plans international filing and maintenance deadlines
What is not included
- Government filing and registration fees and other disbursements
- Foreign lawyers or agents for protection outside Canada
- Appeals, or court proceedings not covered by the lawyer's written retainer
- Technical, valuation or accounting work
Who this service is for
- Inventors and startups with a new product or process
- Businesses checking whether they can launch without infringing
- Researchers and universities
Information to have ready
- 1A written description, drawings or prototype of the invention
- 2Dates and details of any public disclosure, sale or offer
- 3Names of all inventors and their employment or contractor agreements
- 4Any examiner's report or earlier application
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $6,000–$15,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
I already showed my invention publicly. Is it too late?
Not necessarily in Canada, which allows a limited grace period for the inventor's own disclosure, but many other countries do not. Tell the lawyer about every disclosure, sale or offer right away.
What does a provisional or early application do?
Canada has no formal provisional application, but an early Canadian application, or a provisional application in the United States, can secure a filing date while the invention is developed. A complete application usually has to follow within 12 months to rely on that date.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, including registration or allowance by an examiner
- Protection in Canada does not automatically protect you in other countries
- Filing and response deadlines must be met; give the lawyer every date you know of
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