National entry into Canada is usually done by 30 months from the earliest priority date, but it is possible to enter the national stage in Canada up to 42 months from the earliest priority date with payment of a reinstatement of rights fee and a statement that the failure was unintentional.
For applications with a PCT filing date before Oct. 30, 2019, late national entry up to 42 months can be done as of right and there is no statement required that the failure was unintentional.
To calculate the price for a national phase application into Canada, ATMAC needs only the following items:
- PCT application details (preferably provide a copy of the cover page)
- Whether the applicant qualifies as a small entity in Canada
- Whether the applicant wants to request examination at time of national entry (requesting examination can be delayed up to five years from the international filing date but this will result in an equivalent delay in examination of the application)
- Assignment document to register at time of filing (if any)
Upon receipt of the PCT application details and the applicant entity size, ATMAC will review the complete requirements for your situation and estimate costs before proceeding.
For reference, typical filing costs are as follows:
|Amount (CAD)||Amount (CAD)|
|Fee Description||Due Date||For a Small Entity||For a Standard Entity|
|Basic filing fee||On date of national entry||$200||$400|
|Examination fee||On date of national entry if examination is desired as soon as possible; otherwise can be delayed up to five years from the international filing date but this will result in an equivalent delay in examination of the application||$400||$800|
|Reinstatement of rights (Surcharge for late entry into Canada)||On date of filing into Canada, only required if that date is between 30 and 42 months from earliest priority date||$200||$200|
|Maintenance fee due on second anniversary of international filing date||On 2nd anniversary of international filing date, or on filing date into Canada if 2nd anniversary has already occurred||$50||$100|
|Maintenance fee due on third anniversary of international filing date||On 3rd anniversary of international filing date, or on filing date into Canada if 3rd anniversary has already occurred||$50||$100|
|Registration fee for assignment document||No due date; an assignment document can be registered at any time but is recommended to be done at time of filing into Canada||$100||$100|
|Subtotal range (for above-listed gov’t fees)||$200 to $1000||$400 to $1700|
|ATMAC service fee||Request estimate||Request estimate|