National phase entry of a Patent Cooperation Treaty application

Use this page to help you enter the "national phase" in Canada if:

  • you have an application for a patent filed under the Patent Cooperation Treaty (PCT)
  • you have designated Canada for national patent protection

If you are already familiar with the National Entry Request (NER) online solution:

Log in to Apply for a Patent – PCT National Entry

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To successfully enter the "national phase" in Canada, you need to:

  • pay a basic national fee
  • submit the international application in either English or French (only if it is not written in English or French)
  • submit a copy of the international application (only if it has not been published)
  • pay the maintenance fee for the second anniversary of the filing date, if applicable

Additional requirements are listed in the World Intellectual Property Organization's PCT Applicant's Guide (PDF version).

Consider using a patent agent

All applicants can use the services of a patent agent and benefit from their experience and knowledge in preparing and prosecuting applications with the Canadian Intellectual Property Office (CIPO). If the applicant is not the inventor of the alleged invention, they must appoint a patent agent. Once they have appointed a licensed patent agent, CIPO will correspond only with the patent agent concerning the prosecution of the application.

Find a registered patent agent


The time limit for entering Canada's national phase is 30 months from the earliest priority date or, if no priority claim was made, from the international filing date (the date on which the application met the requirements under the PCT).

What if I miss the deadline?

You can enter Canada's national phase within 12 months after the deadline if you:

  • meet the requirements to enter the national phase
  • submit a request that the rights of the applicant be reinstated with respect to that international application
  • submit a statement that the failure was unintentional
  • pay the fee for reinstatement of rights
  • pay the maintenance fee for the third year anniversary of the filing date, if applicable.

Submit this information to the Patent Office through the NER online solution.

Log in to Apply for a Patent – PCT National Entry

How to submit

Submit the requirements to the Patent Office through the PCT National Entry Request (NER) online solution. You can also submit using other means outlined in the Manual of Patent Office Practice (MOPOP) at Chapter 2.

You need a My Canada Business Account to use the NER online solution.

Don't have an account? Visit the login page and follow the steps to create an account.

Log in to Apply for a Patent – PCT National Entry

You may use the NER online solution to complete all the steps of the PCT national entry process. Once your application is successfully submitted and the fee is paid, you will instantly receive a national entry date and Canadian application number. You no longer have to submit national entry request via General Correspondence - Patent but you can choose to do so.

We've created a series of NER online solution video tutorials to guide you through all the steps of the NER process. The steps are also outlined below.

Steps for the national entry process

  1. Prepare your patent application for PCT National Entry

    After you log in to the NER online solution with your My Canada Business Account credentials, you can complete the following tasks as part of your PCT national entry application:

    • Attach documents in PDF or text format and assign a 'document type' using dropdown menus
      • Application documents, if required
      • Additional documents, if required
        • Examples include a voluntary amendment or a general fee authorization statement
    • Verify PCT application information at the World Intellectual Property Office (WIPO)
    • Provide the Digital Access Service (DAS) access code needed to permit CIPO to use the WIPO Digital Access Service, if required
    • Provide priority information
    • Define a party and provide their contact information
      • Define inventor, applicant, applicant-inventor, agent, and associate agent
      • Provide the postal address
      • Indicate whether correspondence should be sent by email or by postal mail
        • This system can be used to provide information for parties associated with a single application
        • Please note: This system cannot be used to update the contact information for an agent firm or for other applications or patents
    • Make requests and statements, including those requiring fee payments:                 
      • Indicate small entity status
      • Request examination
      • Request advanced examination
      • Request accelerated examination
      • Request early public inspection
      • Register documents
    • Save draft patent applications for later submission (filing)
    • Verify formalities before submitting
  2. File your application

    Once you've completed your application, submit it using our NER online solution. Prosecution of the application will be carried out according to statutory requirements as contained in the Patent Act and Patent Rules.

  3. Make payments

    You can pay by credit card or deposit account.

  4. View copies of documents after submission

    After you've submitted your application, you can use our NER online solution to view a copy of the acknowledgement letter and/or a copy of the filed application. These are PDF documents that can be downloaded for your records.

After you submit

Once the requirements to enter the national phase are met, the application is considered a PCT national phase application and has a corresponding national phase entry date. Prosecution of the application is carried out according to statutory requirements as contained in the Patent Act and Patent Rules.

We will examine the PCT national phase application based on prior art (information that might cause a patent examiner to raise a defect to one or more of your claims) and any other conditions of patentability that are not requirements of the international application.

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