On July 3, 2021, the Government of Canada (the Government) published proposed amendments to the Patent Rules for public consultation. According to the regulatory impact analysis statement, the proposed amendments are part of the implementation of Canada’s patent term adjustment (PTA) obligation under the Canada-United States-Mexico Agreement (CUSMA).
CUSMA requires that when there are unreasonable delays in the granting of a patent, the applicant must be compensated with time added to the statutory 20-year term of the patent. The Government states that the introduction of PTA to Canada’s current “applicant-driven” patent regime could produce “undesirable results”, such as applicants delaying examination to obtain PTA compensation.
The proposed amendments are intended to streamline patent examination, reduce patent pendency, and avoid unreasonable delays. The main proposed changes include:
The proposed amendments are open for consultation until August 3, 2021, and details on how to participate can be found here.
Summary By: Michelle Noonan
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