For a Canadian patent application to enter the examination stage, the applicant must submit a request for examination to the Canadian Intellectual Property Office (CIPO). In most cases, patent applications are examined in the order in which requests for examination are received. Applicants may expedite the examination process through several existing mechanisms, including advanced examination by special order, accelerated examination for applications relating to green technology, and the Patent Prosecution Highway (PPH).

Effective September 2, 2026, patent applicants have access to another new mechanism. CIPO has launched the Key Technologies Examination Program (KTEP), a pilot program that provides advanced examination, at no additional cost, for eligible patent applications in designated key technology areas.

What Is KTEP?

KTEP is a pilot program that allows advanced examination to be initiated for eligible patent applications. The program is particularly attractive to applicants because it provides a mechanism for eligible patent applications to undergo advanced examination without requiring the payment of additional fees or amendments to the claims.

Which Patent Applications Are Eligible for KTEP?

The program is intended to support innovation in key technology areas designated by the Commissioner of Patents. At launch, the program provides two streams:

Critical Minerals (Active)

This stream applies to patent applications relating to innovations that support Canada’s critical minerals supply chains, including technologies used to process, extract or refine minerals included on Canada’s Critical Minerals List. The list comprises 34 minerals and metals that are widely used in products ranging from mobile phones and solar panels to electric vehicle batteries, medical devices and defence applications.

CIPO will accept a maximum of 50 eligible applications under this stream per calendar year on a first-come, first-served basis.

Public Health Emergencies (Not Yet Active)

The second stream is not currently active and is specifically intended for patent applications relating to innovations that help mitigate the effects of a public health emergency. If such an emergency is identified, the Commissioner of Patents may activate this stream at the Commissioner’s discretion.

Once activated, this stream will likewise accept a maximum of 50 eligible applications per calendar year.

How Does the Program Work?

Applicants may submit a request for advanced examination under KTEP at any time after filing the application and before the patent is granted.

The application must relate to a technology area covered by an active KTEP stream and satisfy other formal requirements, which are similar to those under existing advanced examination mechanisms. CIPO states that applications accepted into the program may receive a first office action within approximately seven months, a timeframe consistent with its other advanced examination mechanisms.

Applicants should also note that if an extension of time is granted, the application is deemed abandoned, or a request for continued examination is filed, the application will be removed from the expedited examination process and returned to the regular examination queue.

Significance of the Program

For applicants conducting technological research and development in Canada’s critical minerals sector, KTEP provides an additional route to advanced patent examination. Earlier examination enables applicants to assess the prospects of obtaining patent protection more quickly, supporting technology commercialization, investment decisions and business planning.

Termination of the COVID-19 Accelerated Examination Program

The launch of KTEP coincides with the termination of CIPO’s COVID-19 relief accelerated examination program on September 2, 2026. Introduced in 2020, the program provided eligible small entities with accelerated examination at no additional cost for patent applications covering technologies that supported the medical response to COVID-19.

Conclusion

Applicants seeking patent protection for their innovations may consider KTEP as an alternative mechanism for expediting the examination of their patent applications.