Submitting an Application
The company must submit the application package to the Commissioner of Patents at the
Canadian Intellectual
Property Office (CIPO). For contact information, see
Contacts.
All correspondence and envelopes for the Commissioner must indicate that they relate to
Section 21.04
of the
Patent Act and be
- written in English or French;
- addressed to the Commissioner; and
- delivered by hand or by mail.
Note: If the application package is received incomplete, the application will be put on hold
until all documents have been submitted.
The application package must include
A copy of the application to the Commissioner of Patents must be filed with Health Canada. This copy can be
sent after the drug or medical device submission is filed for
regulatory review with Health Canada, but must be
received before Health Canada notifies the Commissioner of Patents that the product meets the requirements of the
Food and Drugs Act and
its associated Regulations.
Copies of the forms required for the application package are provided on this
website. For the most up-to-date versions of the forms, consult the CIPO
website for the Regime. If a compulsory
licence is issued, the licence holder must ensure that it continues meeting
the terms and conditions of a compulsory licence throughout the period of
its validity.
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