The Tortoise And The Hare: Flexible Examination Options In Canada

In Canada, examination of applications occurs only upon request and such a request can be deferred for up to five years from the filing date. Once a request for examination has been made, the application is placed in queue and is examined relative to its order in the queue. In certain situations, an Applicant may wish to expedite or streamline prosecution thereby reducing financial and human resources. There are three options for requesting expedited examination in Canada:

• the Patent Prosecution Highway program;
• Special Order, under paragraph 28.(1)(a) of the Patent Rules; and
• expedited examination of Green Technologies under paragraph 28.(1)(b) of the Patent Rules.

Patent Prosecution Highway (PPH): Now Available for European Applications