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ARTICLE · 19 SEPTEMBER 2019

A Practical Guide To The Transition To Canada's New Patent Act And Rules Part I

In 2014, Canada's patent law was amended to implement Canada's obligation under the Patent Law Treaty (PLT), but implementation awaited drafting of amended Patent Rules.

CanadaIntellectual Property

In 2014, Canada’s patent law was amended to implement Canada’s obligation under the Patent Law Treaty (PLT), but implementation awaited drafting of amended Patent Rules. The Patent Rules have now been finalized, and amendments to both the Patent Act and Rules will come into force on October 30, 2019 (CIF).

This series of articles will cover the most significant amendments that affect users of the system, and in the transition to the new regime, will discuss options available to applicants.

Many of the provisions of the PLT are intended to make the law and procedure more forgiving, e.g. by reducing the minimum requirements necessary to file a patent application and obtain a filing date, and by ensuring that whenever some action is missed, a patent applicant or patentee is given some form of notice and/or an opportunity to make a correction. An unfortunate effect of implementing the obligations under the PLT is that many of the provisions in the Patent Act and Rules

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