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ARTICLE · 12 MAY 2023

Patent Term Adjustment Is Coming To Canada

Borden Ladner Gervais LLP
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Patents having a filing date on or after December 1, 2020 will be eligible for PTA if the other prescribed conditions are met. In accordance with CUSMA, the draft legislation confirms...

CanadaIntellectual Property
Graeme Boocock, Ph.D.
Graeme Boocock, Ph.D.
Beverley Moore
Beverley Moore
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IP owners, their lawyers, and agents received a first glimpse of what Canada's new patent term adjustment (PTA) system is going to look like. Draft legislation was introduced in Parliament and had its first reading on April 20, 2023 as part of an omnibus bill to implement the federal budget.

The draft legislative changes to the Patent Act are quite minimal at this stage, setting up regulations to be implemented in the future that will prescribe most of the details of the system.

Canada is required to implement PTA under the Canada-U.S.-Mexico Agreement (CUSMA). The draft legislation follows significant changes to the Canadian patent system  implemented in late 2022 to streamline examination in advance of PTA.

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