ARTICLE · 16 JULY 2024

Patent Term Adjustment Is Coming To Canada But Very Few Patents Will Qualify

Aird & McBurney LP

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As explained in our previous article, in order to comply with Canada's obligations under the Canada-United States-Mexico Agreement ("CUSMA"), Canada agreed to implement a patent term adjustment ("PTA")...

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As explained in our previous article, in order to comply with Canada's obligations under the Canada-United States-Mexico Agreement ("CUSMA"), Canada agreed to implement a patent term adjustment ("PTA") framework to compensate patentees for unreasonable delays by the Canadian Patent Office ("Patent Office") in the granting of their patents. The necessary amendments to the Patent Act were enacted in 2023 and the proposed amendments to the Patent Rules implementing the PTA framework were published for a public consultation on May 18, 2024, which consultation ended on July 4, 2024. Canada must implement the PTA framework no later than January 1, 2025, and it will apply to all Canadian patent applications filed on or after December 1, 2020.

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