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ARTICLE · 06 AUGUST 2026

Herman Cheung Discusses Double Patenting In Canada With IPHQ News

Canada's double patenting regime presents unique challenges for patent applicants, operating without the terminal disclaimer provisions available in the United States. This creates a complex landscape where Canadian applicants face heightened vulnerability to objections, requiring careful navigation with experienced legal guidance to successfully manage patent portfolios in this strict jurisdictional environment.

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Canada’s double patenting regime has no provision for the United States-style “terminal disclaimers”, leaving the country’s applicants among the most vulnerable in the world to objections. Senior Associate Herman Cheung discusses double patenting in Canada and strategies to navigate the complex environment in IPHQ News.

“Canada has a rather strict system compared to other jurisdictions […]. Nonetheless, it is still quite navigable in practice with the guidance of an experienced practitioner.”

Read the full article on IPHQ News, the IP news and insights platform of IPH Limited: Double Patenting: A multi-jurisdictional minefield | Part III: Canada | IPHQ

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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