What is the final deadline to enter the national phase in Canada under the PCT? (42 months)
It is possible to make a late national phase entry of a PCT application in Canada up to 12 months after the 30 month deadline. This is possible by reinstating the application which is deemed to be abandoned as of the 30 month national phase entry deadline. As such, it is possible to enter the national phase in Canada up to 42 months from the priority date . One of the things to be aware of is that as the deadline for entry is stretched out to 42 months there can be multiple reinstatement or late entry fees payable – for example maintenance fees may be due at the time of entry since they are due annually starting on the second anniversary of the international filing date. We can provide further information and definitive advice on this should you have a situation arise.