Patent Applicants Dash To Avoid Costly New Canadian Rules

Noel Courage, Partner at Bereskin & Parr, explains the changes to Canadian Rules introduced to improve examination efficiency that may increase prosecution costs.

The Canadian Intellectual Property Office has been importing patent rules based on those in other jurisdictions, such as the USA and Europe. Sometimes these Canadian updates are due to treaties. For example, Canada implemented the Patent Law Treaty which primarily harmonizes procedural requirements. The Canadian free trade agreement with the US and Mexico requires creation of a system of patent term adjustment. Canada also signed a trade agreement with Europe that led to patent term extension. There is nothing new about treaty obligations leading to updates in Canada's intellectual property laws.