A New Path to Faster Patent Protection for Critical Minerals Innovators in Canada

Innovators working in Canada's critical minerals sector now have a new option to accelerate patent examination, potentially helping them bring technologies to market faster and attract investment sooner.

On September 2, 2026, the Canadian Intellectual Property Office (CIPO) introduced the Key Technology Expedited Program (KTEP), a new pilot initiative designed to provide faster patent examination for inventions in selected technology areas. The program's first active stream focuses on technologies that support Canada's critical minerals supply chain.

Why Critical Minerals Matter

Critical minerals have become a strategic priority for governments and industries worldwide. These minerals are essential components in technologies such as electric vehicle batteries, renewable energy systems, advanced electronics, and national defence applications. As countries compete to secure reliable supply chains, innovation in mineral extraction, processing and refining is increasingly important.

Recognizing this importance, Canada has been investing in policies and programs intended to strengthen domestic critical minerals capabilities. The new KTEP pilot adds intellectual property support to that broader effort by helping innovators obtain patent examination more quickly.

What the New Program Offers

Under normal circumstances, patent applications are examined in the order in which examination requests are received. Applicants can request accelerated examination, but doing so typically requires payment of an additional $750 government fee.

The KTEP pilot creates a different pathway. Eligible applicants whose requests are accepted into the program can receive accelerated examination without paying the $750 advanced examination fee. Standard patent application and examination fees still apply.

For applications accepted under the critical minerals stream, applicants can expect to receive a first office action within approximately seven months, a timeline similar to CIPO's other accelerated examination programs.

Which Technologies May Qualify?

The active stream is available to patent applications directed to innovations that support Canada's critical minerals supply chain. This includes technologies involved in the extraction, processing, or refining of one or more of the 34 minerals on Canada's critical minerals list.

The scope may be particularly relevant to companies developing:

• Mining and extraction technologies
• Mineral processing systems
• Refining technologies
• Battery materials innovations
• Technologies that improve efficiency, sustainability, or recovery rates within the critical minerals value chain

Businesses operating in these areas may wish to evaluate whether pending Canadian patent applications could qualify for the program.

Potential Benefits for Businesses

Faster patent examination can offer advantages beyond obtaining a patent sooner.

An earlier review by CIPO may provide greater certainty regarding patentability, helping companies make more informed decisions about commercialization strategies, investment opportunities, licensing discussions, and research and development priorities. For startups and growth-stage companies, a quicker indication of patent prospects may also be valuable when engaging with investors and strategic partners.

In sectors where technology is evolving rapidly, reducing the time required to receive substantive examination can be an important competitive advantage.

A Limited Pilot Program

At launch, KTEP includes one active stream and one contingency stream. Each stream is limited to 50 requests per calendar year. Additional technology streams may be introduced in the future depending on the program's development and policy priorities.

The pilot also contains a dormant stream for innovations that help mitigate the effects of a public health emergency. This stream is not currently active but may be activated by the Commissioner of Patents if circumstances warrant.

Looking Ahead

The introduction of KTEP reflects CIPO's ongoing efforts to modernize patent services and reduce administrative burdens for applicants. The program also aligns with broader government initiatives aimed at supporting innovation in strategically important sectors.

For companies developing technologies related to Canada's critical minerals ecosystem, the program may represent a valuable opportunity to secure examination more quickly while avoiding additional acceleration fees.

Businesses with pending patent applications in this area should consider whether they may be eligible and whether accelerated examination aligns with their broader intellectual property and commercialization objectives.

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