Update: Bill C-47 received royal assent on
June 22, 2023: An Act to implement certain provisions of the
budget tabled in Parliament on March 28, 2023. The Bill's
provisions amending the Patent Act to implement patent term
adjustment were not amended from the initial proposed legislation,
and are scheduled to come into force no later than January 1,
2025.
Bill C-47, "An Act to implement certain
provisions of the budget tabled in Parliament on March 28,
2023," aka "Budget Implementation Act, 2023, No. 1"
is an omnibus bill that includes proposed amendments to the
Patent Act to introduce patent term adjustment (PTA) to
compensate the patentee for Patent Office delays in granting a
patent. Our article, "A first look at Canada's proposed patent term
adjustment system," discusses the proposed legislation,
which is currently before the Standing Committee on Finance. If
passed, the PTA provisions would apply to Canadian patent
applications filed on or after December 1,
