Autumn is known as a season of change, and this is certainly
holding true for Canada's patent system. On October 30, 2019, a
host of amendments to Canada's Patent Rules will come
into effect to implement previously enacted amendments to
Canada's Patent Act and to bring Canada into
compliance with requirements under the Patent Law Treaty (PLT).
These changes will require modifications to current filing and
prosecution strategies involving Canadian patent applications.
NATIONAL ENTRY DEADLINE FOR PCT APPLICATIONS
One of the more important changes to the Rules is the
elimination of the right of applicants to file a late national
entry.
Under the current Rules, an applicant enjoys the right
to file a Patent Cooperation Treaty (PCT) national entry
application in Canada within 12 months after the
prescribed 30-month national entry deadline (running from the
earlier of the filing or priority date of the international
application). The only additional requirement for
