Contrasts And Distinctions: Canadian Patent Law Developments In 2018

2018 served up a smorgasbord of disparate patent law developments in Canada. Most notably, ratification of a new trade agreement negotiated amongst Canada, the United States and Mexico would require introduction of a patent term extension system and lengthening of data protection for biologics. Entirely separate from this, the second federal budget bill for the year introduced a series of amendments to the Patent Act, dealing with diverse matters such as licensing commitments on standard-essential patents and the role of the prosecution history in claim construction. Late in the year, a wholly revised version of the Patent Rules was published for public consultation, largely geared toward implementing the Patent Law Treaty in Canada, an initiative having its genesis in the second federal budget bill of 2014.