CIPO Explores Fast-Tracking Patents for Innovation in Priority Sectors

Industry Minister Mélanie Joly is reportedly evaluating a proposal from the Canadian Intellectual Property Office (“CIPO”) that would accelerate patent applications in artificial intelligence, quantum, energy and critical mineral sectors. The expedited timeline is reportedly expected to attract investment and spur innovation across strategic industries.

CIPO currently offers expedited patent applications at no cost for qualifying “green” technologies, COVID-19 related inventions and the Patent Prosecution Highway, which leverages the earlier work of other patent offices. All other applicants must pay a $725 fee to access priority processing. As reported by The Logic, expanding free fast-track access signals the government’s prioritization of patent activity in additional industries.

Philip Jennings, Deputy Minister of Innovation, Science and Economic Development Canada, has reportedly noted that expedited examination can shorten the time required to obtain patent protection, reduce commercial uncertainty and facilitate earlier investment decisions. For innovators in these sectors, reduced patent pendency may translate into costs savings and strategic advantages.

While the proposal remains under consideration, CIPO has indicated an intention to consult with stakeholders to “help inform decision-making”. In parallel, CIPO is exploring the adoption of an American-style provisional patent framework as a means of promoting innovation. Under this regime, innovators could obtain preliminary protection for their inventions pending formal patent applications.

Implementation of a provisional patent system, however, has been met with criticism in Canada. Not only would it require legislative and operational change, but opponents question whether it would meaningfully alter filing behaviour, given that many applicants already rely on the U.S. provisional system.

If implemented, these initiatives would form part of a broader, government-wide effort to increase the affordability and accessibility of patent applications while potentially increasing Canada’s economic growth and competitiveness.