A KTEP Ahead: Canada's New Mechanism For Advanced Examination Of Patent Applications

For a Canadian patent application to be examined, an applicant must file a request for examination with the Canadian Intellectual Property Office (CIPO). In most cases, the order in which applications are examined is based on the order that the requests for examination are received. An applicant may be able to accelerate examination of their patent application through several existing mechanisms, including advancing examination via special order, accelerating examination of applications related to green technology, and the Patent Prosecution Highway (PPH).¹

As of September 2, 2026, patent applicants have an additional mechanism to consider. CIPO has launched the Key Technology Expedited Program (KTEP), a pilot program that provides advanced examination for eligible patent applications in designated key technology areas at no additional cost.²

What is KTEP?

KTEP is a pilot program that allows examination of eligible patent applications to be advanced. The program may be particularly attractive to applicants, as it provides a mechanism to advance examination of eligible patent applications without payment of a fee or amendments to the claims.

What patent applications are eligible for KTEP?

The program is intended to support innovation in key technology areas identified by the Commissioner of Patents.²At launch, KTEP includes two streams:

1. Critical minerals (active)

This stream is available for patent applications related to innovations that support Canada's critical minerals supply chain, including technologies used to process, extract or refine minerals included on Canada's critical minerals list. The critical minerals list identifies 34 minerals and metals that are used in a wide range of products ranging from mobile phones and solar panels to electric vehicle batteries, medical devices and defence applications.^2,3

CIPO will accept up to 50 eligible requests under this stream per calendar year on a first-come, first-served basis²

2. Public health emergencies (currently inactive)

The second stream, which is currently inactive, is reserved for patent applications related to innovations that help mitigate the impacts of a public health emergency. This stream may be activated by the Commissioner of Patents at their discretion if such an emergency is identified.^2,3

If activated, this stream will also be limited to 50 eligible requests per calendar year.²

How does it work?

A request for KTEP advanced examination may be made at any time between filing and grant.²

To qualify, the patent application must relate to an active KTEP stream and comply with additional formal requirements, which are similar to the formal requirements for advancing examination via existing mechanisms. For applications accepted into the program, CIPO indicates that a first Examiner’s Report can be expected within approximately seven months, which is consistent with the timeline for CIPO's other advanced examination mechanisms.^2,3

Applicants should also be aware that if an extension of time is authorized, the application is deemed to be abandoned, or a request for continued examination is made, then the application will be removed from the advanced examination process and returned to the regular order of examination.²

Why does it matter?

For applicants developing technologies in Canada's critical minerals sector, KTEP provides another mechanism for obtaining advanced patent examination. Earlier examination may provide applicants with a quicker indication of patentability, which can help support commercialization, investment decisions, and business planning.³

Retirement of the COVID-19 accelerated examination program

The introduction of KTEP coincides with the September 2, 2026, retirement of CIPO's COVID-19 relief accelerated examination program.^2,3Introduced in 2020, the COVID-19 relief accelerated examination program provided eligible small entities with a no-fee pathway to accelerated examination for patent applications relating to technologies supporting the health-related response to COVID-19.³

Conclusion

Applicants seeking patent protection for their innovations may wish to keep KTEP in mind as a mechanism to consider for accelerating examination of their patent applications.

Footnotes

^{1 Canadian Intellectual Property Office, Manual of Patent Office Practice (MOPOP), §11.03 "Advanced Examination."}

^{2 Canadian Intellectual Property Office, Key Technology Expedited Program (KTEP), available at: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/key-technology-expedited-program-ktep}

^{3 Canadian Intellectual Property Office, CIPO Introduces Accelerated Patent Stream for Critical Minerals (September 2, 2026), available at: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/cipo-introduces-accelerated-patent-stream-critical-minerals.}

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.