Canadian patent law is a kind of hybrid of the laws existing in the United States and United Kingdom: a first-to-file system applying absolute world novelty as between strangers, but providing a one-year grace period that permits prefiling public disclosure of an invention if the disclosure originates from the patent applicant - “a self-originating one-year grace period”. Examination of newly filed applications is automatically deferred for five years.
Who pays maintenance fees in Canada?
Canada like many other countries requires that annual maintenance fee payments be made both in respect of patents and in respect of pending applications. The first such annual fee is due no later than the end of two years after the Canadian filing date. In the case of a PCT application, the first such annual maintenance fee is due by the end of two years from the international filing date.
Many applicants and firms choose to employ