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ARTICLE · 06 FEBRUARY 2025

Canada's New Patent Term Adjustment Regime Has Been Adopted

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Canada's patent term adjustment (PTA) regime came into force on January 1, 2025.

CanadaIntellectual Property
Edward Fan
Edward Fan
Michele Clarizio
Michele Clarizio
Rachel Gregoris
Rachel Gregoris
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Canada's patent term adjustment (PTA) regime came into force on January 1, 2025. Under the new regime, patentees may be entitled to a longer patent term if they experienced unreasonable process delays by the Canadian Intellectual Property Office (CIPO) during prosecution.

What you need to know

  • The new PTA regime includes the final amendments to the Patent Rules, as well as corresponding changes to Canada's Patent Act (see our previous bulletin on the changes to the Patent Act).
  • The final rules substantially align with the draft version published for public consultation on May 18, 2024 (see our previous bulletin on the proposed amendments).
  • The effect of the final rules appears to be that it is unlikely a PTA term will be granted in most cases, given the breadth of categories that will be excluded from the calculation of a PTA term.

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