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ARTICLE · 23 MAY 2023

Patent Term Adjustment Regime To Be Introduced For First Time In Canadian History

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On April 20, 2023, the federal government proposed amendments to the Patent Act in Bill C-47, which if enacted will introduce a patent term adjustment (PTA) regime in Canada...

CanadaIntellectual Property
Edward Fan
Edward Fan
Michele Clarizio
Michele Clarizio
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On April 20, 2023, the federal government proposed amendments to the Patent Act in Bill C-47, which if enacted will introduce a patent term adjustment (PTA) regime in Canada for the first time ever.

What you need to know

  • These proposed amendments to Canada's Patent Act are not yet law and are subject to change.
  • The PTA regime is intended to compensate patentees that have been subjected to unreasonable processing delay by the Canadian Intellectual Property Office (CIPO), and to allow Canada to comply with its obligations under the Canada-United States-Mexico Agreement (CUSMA).
  • Only patents with a filing date on or after December 1, 2020 will be eligible for PTA.
  • A patent may be eligible for PTA if it is issued after the later of:
    • five years from a "prescribed day" (which will be defined in future regulations) in the case of a Patent Cooperation Treaty (PCT) national phase application or a divisional application, and the filing date of the patent

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