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Cost-Effective Strategy for AI Patents in Canada

September 23, 2025

When global innovators think about patent strategy, cost is always top of mind.  Many assume that filing for AI patents in Canada adds significant expense.  In practice, Canada offers one of the most flexible and cost-effective systems for extending protection to a G7 jurisdiction.

By combining deferred examination and the Patent Prosecution Highway (PPH), companies can often obtain Canadian AI patents quickly, with minimal incremental cost.

Deferred Examination: Flexibility for AI Patents in Canada

One of the most practical features of the Canadian system is the ability to defer examination for up to four years after filing.

• This allows applicants to watch how prosecution develops in foreign jurisdictions such as the United States or Europe.
• Resources can be allocated strategically, instead of rushing into parallel proceedings.
• For AI technologies in particular, where claim scope may shift during prosecution, deferral provides critical flexibility.

Patent Prosecution Highway (PPH): Faster Path to Grant

Canada maintains PPH arrangements with the USPTO and many other patent offices.  When U.S. or other foreign claims are allowed, those results can be leveraged in Canada through the Patent Prosecution Highway (PPH), where an eligible PPH relationship exists.

• PPH requests can allow examiners to consider foreign allowances.
• This often leads to quicker and less expensive examination.
• Claims can be harmonized with foreign counterparts, reducing the chance of divergent outcomes.

This combination of deferral and PPH can make AI patent filings in Canada both predictable and cost-effective.

Why This Matters for AI Innovators

• Lower Costs: Delay spending until claims are clearer.
• Efficiency: Align Canadian claims with allowed foreign claims.
• Global Coverage: Secure protection in a G7 jurisdiction at a fraction of the cost of parallel full prosecution.

For AI companies balancing fast-moving innovation with careful IP budgets, this flexibility makes Canada a jurisdiction with outsized strategic value.

Conclusion:

Filing AI patents in Canada doesn’t have to mean higher costs. With deferred examination and, where available, the PPH, innovators can obtain Canadian patents quickly, efficiently, and affordably. This helps strengthen their global portfolio.

This concludes part 2 of our series on Canadian filing strategy for AI patents.  In part 3, we’ll look at enforcement and remedies (including why Canada offers patentees unique advantages in litigation, such as the availability of an accounting of profits).