Overview of the legal framework

The main statutes governing intellectual property in Canada include:

• Trademarks Act (Trade-marks Act, R.S.C. 1985, c. T-13)

• Patent Act (Patent Act, R.S.C. 1985, c. P-4)

• Industrial Design Act (Industrial Design Act, R.S.C. 1985, c. I-9)

• Copyright Act (Copyright Act, R.S.C. 1985, c. C-42)

• Statutes on trade secrets and unfair competition, and related provisions

The competent authority is the Canadian Intellectual Property Office (CIPO), which forms part of Innovation, Science and Economic Development Canada (ISED).
Canada is a member of WIPO, the PCT, the Madrid System, the Hague Agreement, the Paris Convention and TRIPS.

International cooperation and system alignment

• CIPO is a member of WIPO, the PCT, the Madrid System and the Hague Agreement;

• Participates in global Patent Prosecution Highway (PPH) programmes;

• Shares trade mark and patent data with WIPO’s Global Brand Database / PatentScope;

• Has concluded bilateral cooperation agreements with the USPTO and the EPO.

Trademark system

Filing routes

• Applications can be filed directly with CIPO;

• Or Canada can be designated under the Madrid Protocol.

Classification standard

• Applies the Nice Classification;

• Supports both single-class and multi-class applications;

• Since the 2019 legislative reforms, the classification regime is fully aligned with international standards.

Examination procedure

• Formality examination: about 3–4 months;

• Substantive examination: about 12–18 months;

• Opposition period: 2 months from the date of publication.

Use and renewal

• Registration term: 10 years, renewable;

• No declaration of use is required prior to registration;

• If a mark is not used for a continuous period of 3 years after registration, it may be subject to cancellation for non-use.

Examination features

• Examination languages: English or French;

• Focuses on distinctiveness and conflicts with earlier rights;

• CIPO does not conduct an absolute search for prior rights; oppositions are brought by third parties;

• All applications and renewals can be filed online.

Patent system

Types of protection and term

• Invention patents (Patent): 20 years from the filing date;

• Utility model system: not available in Canada.

Examination system

• Applies a substantive examination system;

• A request for examination must be filed within 5 years from the filing date;

• Average examination period: 24–36 months;

• Accelerated examination is available (for example for green technologies or under certain incentive programmes).

International routes

• Canada is a PCT contracting state, and national phase entry via the PCT is available;

• Applicants may use the PPH fast-track route in cooperation with offices such as the United States, the EU, Japan, Korea and China.

System features

• Applies the “First-to-File” principle;

• Supports divisional applications, deferred examination and patent reinstatement;

• After grant, annual maintenance fees are required to keep the patent in force;

• Official languages: English or French.

Industrial design protection

Legal basis

• Industrial Design Act (Industrial Design Act, R.S.C. 1985, c. I-9).

Scope of protection

• The shape, lines, patterns, ornamentation and visual features of a product;

• Includes industrial products, furniture, packaging and graphical user interfaces (GUIs).

Term of protection

• Up to 15 years from the filing date, or 10 years from the registration date, whichever expires first.

Examination procedure

• Formality examination: around 6 months;

• Substantive examination focuses mainly on novelty and originality;

• Examination languages: English or French.

System features

• Since 2019 Canada has acceded to the Hague Agreement, and supports international design applications;

• Electronic filing and image upload are supported;

• Multiple designs can be included in a single application to register a family of related products at the same time.