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ARTICLE · 13 OCTOBER 2026

Patents In Canada: A Practical Guide For Foreign Businesses

Miller Thomson
Miller Thomson
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Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

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Canadian patent law contains distinct procedural and substantive requirements that can significantly affect claim scope, prosecution costs, patent term, and enforceability for foreign companies. Understanding these differences—from software patentability standards to patent term adjustment opportunities—is essential for developing an effective North American IP strategy that maximizes protection while controlling costs.

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Who this is for: Patent counsel, CTOs, and IP managers at foreign companies with technology, life sciences, clean tech, software, or AI innovations who need Canadian patent protection as part of their North American or global IP strategy. While the Canadian patent regime is broadly familiar to foreign practitioners, several aspects of Canadian law and practice differ materially from the U.S. and European frameworks. These differences can affect patentable subject matter, prosecution strategy, claim drafting, deadline management, patent term adjustment, enforcement, and overall portfolio costs. As a result, decisions that are appropriate in other jurisdictions may not always produce the desired outcome in Canada. 

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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