An inventor outside the Canadian Territories can apply for a cost-effective patent either before the deadline of 12 months for their domestic patent or within the stipulated time of 30 months of the priority date of their PCT worldwide patent application.
But, unlike many other patents procedures, there isn’t any specific request that is available for an expedited examination, unless of course the applicant has attained a certain age or an invention which may relate to a “green” technology.
A study shows that the current estimated backlogs of the Canadian Patent Application files are around 700,000 which need to be examined soon. This means that an applicant has to wait for around three years from the date of filing to get their patents granted.
Hence, the Canadian government has issued strategies and measures in order to do away or lessen the waiting time of the Patent Application Canada.
The strategy is a Three-Track initiative.
In the first track, it is at the will of the applicant to pay a premium fee in order to get the examination accelerated, which helps them to get their patents issued within 12 months from the date of filing.
In the second track, the patents are going to be examined as per the ongoing procedures.
The third track is however the slowest and the least expensive one. It delays the examination time by up to 30 months than ongoing processes.
These strategies have been designed to reduce the overall backlogs, and speeder up the processes. With these strategies, the companies will be allowed to prioritize their applications based on the hierarchy of importance and value of the need to be patented more quickly than others. The portfolios in this case need to be built up at a faster rate and hence allowing to control the costs which are involved to get a patent granted.
The compliance fees and the premiums which will be raised with the Track 1 applicants will be used by the government to upgrade and improve the in-house systems, which in turn will help the processes to be fast and speed them up. The Canadian Government has also opened the doors to around a thousand patent examinees over the coming years to help improve the quality of the examination processes.
Thus, it can be said that the government of Canada is extremely adamant in bringing about positive changes in the procedures and help the applicants in whichever way possible.