Accelerating patent examination at CIPO: Four options compared

Routine patent examination at the Canadian Intellectual Property Office (CIPO) can take several years from the examination request to final resolution. For applicants who need faster results—whether due to commercial urgency, policy objectives, or favorable foreign examination outcomes—CIPO offers four mechanisms to expedite examination. And savvy applicants may wish to combine CIPO’s deferred examination option with a request to accelerate, providing more control over the process, when the time is right.

This article summarizes each option’s eligibility criteria, procedural requirements, and fees, and concludes with a comparison table. Information is current as of September 2026.

Accelerating examination is relatively inexpensive. Three of the four options carry no additional fee beyond the standard examination request fee. Only advanced examination under Paragraph 84(1)(a) of the Patent Rules requires a separate fee, but it also has the easiest eligibility criteria to satisfy.

CIPO delivers true acceleration. CIPO's performance standard is seven months to first office action, but in practice CIPO often exceeds this; a first action within about two months is common, with subsequent actions typically issued within about three months. Except under PPH, applicants must also act promptly: accelerated status is lost if the applicant requests an extension of time, abandons and reinstates, or files a request for continued examination.

Individual option requirements are discussed below, but common to each is the necessity to request examination and pay the standard examination fee, and any applicable excess claim fees, if examination was not already requested. Further, CIPO will not issue an allowance until the application is laid open for public inspection. Applicants requesting acceleration must also request early lay-open, if applicable, and at no additional CIPO fee.

Option 1: Patent prosecution highway (PPH)

PPH is CIPO’s most popular expedited pathway. It leverages examination work completed by a foreign intellectual property office to fast-track Canadian examination. An applicant who has received a favorable patentability determination from a PPH partner office (the “Office of Earlier Examination” or “OEE”) may request accelerated examination of the corresponding Canadian application.

CIPO maintains PPH arrangements with over 30 offices through the Global Patent Prosecution Highway (GPPH) pilot and bilateral programs. Partners include the USPTO, EPO, JPO, KIPO, CNIPA, IP Australia, and UKIPO, among others.

PPH processing is restricted to claims of the same or similar scope as those allowed or issued by the OEE. PPH does not substitute for Canadian examination; CIPO examines the application according to Canadian law.

To submit a PPH request, the applicant must satisfy the following conditions:

• The CIPO claims must be of the same or similar scope as claims allowed or issued by an OEE from one or more corresponding applications sharing the same earliest date. Claims may be amended to qualify.
• If examination was previously requested, it must not have commenced (i.e., no office action issued) before PPH is requested.
• The PPH request must include copies of the OEE’s allowable or issued claims and work products (e.g., office actions, search reports). CIPO can obtain these if publicly available.

PPH status is lost if the claims are amended to no longer be of the same or similar scope.

Option 2: Green technologies

CIPO offers advanced examination at no additional cost for applications relating to “green technology.” This is technology that, if commercialized, would help resolve or mitigate environmental impacts or conserve the natural environment and resources. This program reflects Canada’s commitment to encouraging environmental innovation.

The applicant must submit the following:

• A request to advance examination.
• A statement that the application relates to green technology as defined above.

Accelerated status is lost if the applicant requests an extension of time or abandons prosecution.

Option 3: "Special order" under Paragraph 84(1)(a) of the Patent Rules

Under Paragraph 84(1)(a) of the Patent Rules, any person may request that CIPO advance examination if the regular timeline is likely to prejudice the applicant’s or a third party’s rights. This “special order” mechanism is the broadest option and is not restricted to any technology field or dependent on foreign examination results.

To request advanced examination under this provision, the following must be submitted:

• Payment of the advanced examination fee (currently $744.10 CAD for both small entities and standard entities, as of 2026).
• A request to advance the examination.
• A written statement indicating that the regular timeline will prejudice the applicant’s or a third party’s rights. CIPO does not require formal proof; commercial reasons (e.g., impending infringement, financing, or licensing needs) are generally acceptable.

Special order status is lost if the applicant requests an extension of time, abandons prosecution, or files a request for continued examination.

Option 4: Key Technology Expedited Program (KTEP)

The Key Technology Expedited Program (KTEP) is a pilot program launched on September 2, 2026, replacing the former COVID-19 relief accelerated examination program. It provides faster processing for applications relating to key technologies identified as Government of Canada priorities.

KTEP currently comprises two streams:

• Stream 1: Critical Minerals (Open): For applications related to Canada’s critical minerals supply chain, including processing, extraction, or refining technologies. Limited to 50 requests per calendar year on a first-come, first-served basis.
• Stream 2: Public Health Emergencies (Not yet open): Reserved for applications mitigating public health emergencies. May be activated by the Commissioner of Patents; also limited to 50 requests per year if opened.

To request expedited examination under KTEP, the following conditions must be met:

• The application must relate to an open KTEP stream (currently Critical Minerals only).
• The application must be in good standing (fees paid, not abandoned).
• No extension of time may have been authorized, the application must not have been abandoned, and no request for continued examination may have been made.
• The request must include a statement confirming relevance to an open KTEP stream (e.g., for Critical Minerals: “The patent application relates to innovation supporting Canada’s critical minerals supply chain, such as processing, extracting or refining any mineral on Canada’s critical minerals list”).

Accelerated status is lost if the application is abandoned, an extension of time is authorized, or a request for continued examination is made.

Comparison of expedited examination options

The following table summarizes the four options. In addition to specifics listed, each requires a laid-open application.

* Note: The standard examination request fee varies by entity size. For 2026, the standard examination request fee is $482.48 CAD (small entity) or $1,190.13 CAD (standard entity). A reduced fee applies where the application was the subject of an international search by the Commissioner ($117.94 CAD small entity / $297.00 CAD standard entity). Excess claim fees apply when claims in excess of 20 are on file at the time of the examination request.

Conclusion

Each of CIPO’s four expedited examination options serves a distinct purpose. PPH is the most broadly accessible for applicants with favorable foreign examination results. The green technology program supports environmental innovation at no extra cost. Advanced examination under paragraph 84(1)(a) offers a technology-agnostic avenue where commercial or legal urgency is a driver, albeit with an additional fee. The newly launched KTEP represents a targeted policy tool adaptable to Canada’s evolving economic priorities, beginning with critical minerals.

Applicants should review these options early in the application lifecycle, as timing and eligibility constraints—such as KTEP’s annual cap of 50 requests per stream—may affect availability. As CIPO does not require the filing of a request to accelerate at the time of application filing, an applicant may defer examination for up to four years and combine a request to examine with a request to accelerate. This flexibility enables the applicant to better control timing and manage its costs.

If you have any questions about accelerated patent examination, please contact the author or a member of Gowling WLG’s Patent team.