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ARTICLE · 29 MAY 2023

Canada Is Introducing Patent Term Adjustment: Here's What We Know

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To comply with Canada's obligations under the Canada-United States-Mexico Agreement (CUSMA), draft legislation proposing amendments to Canada's patent laws, among other measures...

CanadaIntellectual Property
Steve Hundal, B.Eng.
Steve Hundal, B.Eng.
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To comply with Canada's obligations under the Canada-United States-Mexico Agreement (CUSMA), draft legislation proposing amendments to Canada's patent laws, among other measures, was recently introduced in Parliament as part of omnibus Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023. The draft legislation underwent its second reading on May 2, 2023.

The proposed amendments introduce Patent Term Adjustment ("PTA"). For now, the proposed amendments are solely to the Patent Act and require a series of amendments to the Patent Rules which will codify many of the particulars of the new PTA regime.

What do we know so far? According to the draft legislation:

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