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ARTICLE · 11 NOVEMBER 2019

Change Is Coming With New Canadian Patent Rules/Amended Patent Act

Osler, Hoskin & Harcourt LLP
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New Canadian Patent Rules (Rules) and amendments to the Canadian Patent Act (the Act) will come into force on October 30, 2019.

CanadaIntellectual Property
J. Bradley White
J. Bradley White
Nicole Dinaut
Nicole Dinaut
Clark Holden
Clark Holden
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New Canadian Patent Rules (Rules) and amendments to the Canadian Patent Act (the Act) will come into force on October 30, 2019. The new Rules and Act effect significant changes in Canadian patent practice. Some of the more notable changes impacting filing and prosecution include:

  • removal of late national phase entry option (42 months from priority date) as a matter of right
  • reduced direct filing requirements
  • ability to secure a filing date on a day Patent Office is closed
  • requirement for certified copy of priority document
  • possibility for restoration of priority
  • shortened deadlines for examination request, response to Official Actions, payment of final fee
  • possibility to withdraw Notice of Allowance and reopen prosecution

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