Changes To Canadian Patent Examination: Delayed And Still Uncertain

Significant changes to Canada's historically flexible system of patent examination are expected by July 1, 2022, though the exact nature and timing of the changes remain uncertain. Applicants may wish to request examination early to avoid the new regime.

On July 3, 2021, proposed amendments to Canada's Patent Rules were published in Part I of the Canada Gazette. Published without prior public consultation, the overall aim of the amendments is to streamline examination of patent applications at the Canadian Intellectual Property Office (CIPO), and thereby set the stage for later implementation of a patent term adjustment regime required under the Canada-United States-Mexico Agreement (CUSMA).