Canadian Patent Law - The Patent Cooperation Treaty

The Patent Cooperation Treaty

Since 1990, Canada has been bound by the provisions of the Patent Cooperation Treaty (PCT). Pursuant to the PCT, the Canadian Patent Office may receive an International Patent Application as a "Receiving Office" if the applicant is a national or resident of Canada (or if there is more than one applicant, at least one of the applicants is a national or resident of Canada). Additionally, the Canadian Patent Office acts as an International Searching Authority and as the International Preliminary Examining Authority. Where an International Patent Application has been filed in which Canada has been designated and elected, the Canadian Patent Office is the elected Office pursuant to the PCT. Additionally, the Canadian Patent Office receives Canadian National Phase patent applications in accordance with the provisions of the PCT and Canadian legislation, and the rules thereunder.

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