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CPATA Patent Knowledge study materials
CPATA Patent Knowledge study resources

CPATA Patent Knowledge: PCT and International/Foreign Filing Strategy

CPATA Patent Knowledge · Work through your exam, one topic at a time.

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PCT and International/Foreign Filing Strategy

This domain tests the PCT system as it operates for Canadian applicants and the strategic choices around priority, national phase entry, and foreign filing. Questions often present a filing timeline and ask which deadlines apply or which route is available.

PCT basics

  • Chapter I: international application, international search, and international preliminary report on patentability (IPRP).
  • Chapter II: international preliminary examination (demand), optional, must be filed within 22 months of the priority date (or 3 months from the ISR, whichever is later).
  • Priority claim: 12 months from the priority date (Rule 100 of the Canadian Rules; PCT Article 8).
  • National phase: 30 months from the priority date for Canada (Rule 207), extendable by 12 months on request with fee.
  • Restoration of priority: Rule 109 and PCT Rule 26bis.3 allow restoration where the failure was unintentional or despite due care.

Canadian-specific points

  • Canada is a receiving Office, International Searching Authority (via CIPO) and International Preliminary Examining Authority.
  • The 30-month national phase deadline is extendable; the 12-month priority deadline is not, but restoration is available.
  • Rule 207(2): the 12-month extension requires a request and fee before the 30-month deadline expires.
  • Small entity status affects fees; misrepresentation can invalidate.

Strategy considerations

  • Paris Convention vs. PCT: Paris gives 12 months to file in each country; PCT gives 30 months to defer national phase costs.
  • Prosecution highway and PPH routes can accelerate examination.
  • Absolute novelty jurisdictions (e.g., EPO) make pre-filing disclosure risky; Canada's 12-month grace period does not travel.

Worked example

A Canadian applicant files a US provisional on 10 January 2023, then a PCT application on 8 January 2024 claiming priority. The 30-month national phase deadline for Canada is 10 July 2025. If the applicant misses it, a 12-month extension under Rule 207(2) is available until 10 July 2026 on request with fee. If the applicant had missed the 12-month priority deadline, restoration under Rule 109 would require a request and evidence that the failure was unintentional.

Traps

  • Assuming the Canadian grace period applies in absolute-novelty jurisdictions.
  • Confusing the 22-month Chapter II demand deadline with the 30-month national phase deadline.
  • Missing that the 30-month extension must be requested before the 30-month deadline.
  • Overlooking small-entity fee status and its effect on validity.