Implementation Of The Patent Law Treaty

The Canadian government has published the final version of the new Patent Rules, which come into force on Oct. 30, 2019. These Rules, together with complementary amendments to the Patent Act, implement the Patent Law Treaty and are also expected to expedite prosecution by virtue of shortening certain prosecution-related deadlines. Key changes that the new Rules and Act introduce are described below.

PCT National Phase Entry Deadline

Under current practice, a patent applicant may enter the Canadian national phase between 30 and 42 months of an international application's earliest priority date as of right by paying a late fee of $200.

The new Rules eliminate this right. Entry between 30 and 42 months remains possible only if an applicant satisfies the Patent Office that the failure to enter by the 30 month deadline was unintentional, and if the applicant pays a $200 reinstatement fee.