ARTICLE
23 September 2026

Accelerated Patent Examination Now Available For Critical Mineral Technologies In Canada

GW
Gowling WLG

Contributor

Gowling WLG is an international law firm built on the belief that the best way to serve clients is to be in tune with their world, aligned with their opportunity and ambitious for their success. Our 1,400+ legal professionals and support teams apply in-depth sector expertise to understand and support our clients’ businesses.
Canada's Intellectual Property Office has introduced a new expedited examination program for patent applications in critical technology areas, including a dedicated stream for innovations related to the processing, extraction, and refining of minerals on Canada's critical minerals list. The program offers accelerated patent examination on a first-come, first-served basis with specific eligibility requirements and annual application limits.
Canada Intellectual Property

On September 2, 2026, the Canadian Intellectual Property Office (CIPO) launched its new “Key Technology Expedited Program” (KTEP) pilot. Under the KTEP pilot, CIPO will expedite examination of patent applications relating to key technology streams. This includes a Critical Minerals stream that relates to the processing, extracting, or refining of any one or more of the 34 minerals and metals listed on Canada's critical minerals list.

Under KTEP, CIPO will accelerate the examination and thus possible issuance of Canadian patent applications that relate to this particular “key technology” stream.

CIPO will only, at least as of this date, accept up to 50 eligible requests under the Critical Minerals stream in each calendar year on a first-come, first-served basis. Once the annual limit is reached, no additional requests will be accepted until the following calendar year. 

Requirements for being approved under the KTEP pilot are relatively simple and include:

  1. The technology must relate to an open KTEP technology stream, such as the Critical Minerals stream relating to the processing, extracting or refining of minerals listed on Canada’s critical minerals list.
  2. The patent application must be filed and in good standing (e.g., fees are paid, application is not abandoned, etc.).
  3. The patent application must be open to public inspection, or publication thereof be requested at the time of filing of the KTEP request.

KTEP also includes a Public Health Emergencies stream for applications relating to innovations that mitigate public health emergencies. This stream is not currently open but may be (re)activated by the Commissioner of Patents in future.

If you have any questions about the CIPO’s new program and how it relates to your mining or mineral extraction technologies, please contact the authors.

Read the original article on GowlingWLG.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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