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ARTICLE · 07 NOVEMBER 2018

Bill C-86 – Sweeping Changes For Canadian Patent Law

On October 29th, Canada's federal government tabled a budget implementation bill that includes over 800 pages of proposed legislative changes

CanadaIntellectual Property

On October 29th, Canada's federal government tabled a budget implementation bill that includes over 800 pages of proposed legislative changes; some of which relate to patents, trademarks, and copyright. Within the section on the Patent Act, many of the proposed changes are directed to very narrow exceptions or are intended to only clean up the language of the Act; e.g. there are numerous amendments to ensure that relevant provisions apply to a certificate of supplementary protection for a patent. However, there are a number of substantial changes proposed by the bill which would affect patent practice in Canada. Many of these changes respond to concerns expressed by Canadian businesses, but these changes appear to primarily address how individuals interact with granted patents; there is nothing in the provisions that enhances or enables Canadian businesses to make better use of the Canadian patent system to protect their own innovations.

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