On July 10, 2019 the Canadian government published finalized amendments to the Patent Rules, which, along with amendments to the Patent Act, come into force on October 30, 2019.
The new Patent Rules ratify the Patent Law Treaty, which Canada signed in 2001.
Some notable changes to the Patent Rules include:
- Reduced Availability of Late PCT National Phase Entry: In order to enter into the Canadian national phase after 30 months from the earliest priority date, applicants will now need to include a statement that the failure to meet the 30-month deadline was unintentional.
- New Due Care Standard: If an application becomes abandoned for failure to request examination or pay a maintenance fee within six months of the original deadline, the applicant will need to establish that the failure occurred in spite of due care being taken.
- Third Party Rights: Third party rights arise if an applicant fails to request examination or pay a maintenance fee within six months of the original deadline. These new rights allow a third party to commit or prepare to commit acts that would otherwise be considered infringement during the period in which the application or patent is deemed abandoned but could still be reinstated.
Summary By: Matthew Frontini
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