New Rules: Request Examination Of Canadian Patent Applications Before October 3, 2022

Rules amending the Patent Rules¹ were registered on June 2, 2022 and will largely come into force on October 3, 2022. The rules introduce claim fees and a continued examination scheme to Canadian patent practice and are similar to draft rules published for public comment in 2021 and discussed in our previous article.

The rules aim to reduce patent application pendency and streamline the examination process in view of the Canada-United States-Mexico Agreement (CUSMA), which replaced the North American Free Trade Agreement (NAFTA). Commencing January 1, 2025, CUSMA requires Canada to grant patent term adjustment for Patent Office delay for all applications filed on or after December 1, 2020.