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ARTICLE · 10 APRIL 2019

Canada's Proposed New Patent Rules - Part 1

The New Rules attempt to codify the current procedures used by CIPO when handling divisional applications, but with some new twists.

CanadaIntellectual Property

Summary

Proposed changes to Canada's Patent Rules are expected to come into force in the fall of 2019. The changes will be enacted by replacing the existing Patent Rules with a new set of rules (the "New Rules"). The provisions and precise wording of the proposed New Rules remain subject to change for the next several months.

The New Rules are intended to: 1) accord with amendments made to the Patent Act to allow Canada's ratification of the Patent Law Treaty (PLT), and 2) modernize and codify aspects of Canada's patent regime. Many of the New Rules have already been incorporated in practice notes issued by the Canadian Intellectual Property Office (CIPO). For an outline of the more significant proposed changes found in the New Rules, see our December 10, 2018 Update Significant Changes to the Patent Rules Coming to Canada in 2019.

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