Canada Prepares For Patent Law Treaty

The Canadian Patent Act (the "Patent Act") is undergoing amendment courtesy of Bill C-43, known as the Economic Action Plan 2014 Act, No. 2 tabled in the House of Commons on Oct. 23, 2014. Canada is fulfilling its undertakings to adhere to the Patent Law Treaty ("PLT") adopted in Geneva on June 1, 2000, which provides for worldwide harmonization of national patent formalities, simplification of national patent office procedures and standardization of mechanisms to help avoid unintentional loss of patent rights resulting from failure to comply with formalities and specified time limits. However, the amendments introduce additional changes beyond Canada's treaty obligations.   

The changes to the Patent Act provided by the amendments focus on a number of different areas, including: time limits for payment of fees; reinstatement periods; priority requests; application content; application/patent transfers and noted other changes. The amendments also provide the