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ARTICLE · 23 MAY 2024

Proposed Regulations For Canada's New Patent Term Adjustment (PTA) System: Few Patents Will Qualify For PTA

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As explained in our previous article, Canada will soon be implementing a patent term adjustment (PTA) system to account for unreasonable delays by the Patent Office in issuing a patent.

CanadaIntellectual Property
David Schwartz
David Schwartz
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As explained in our previous article, Canada will soon be implementing a patent term adjustment (PTA) system to account for unreasonable delays by the Patent Office in issuing a patent. The necessary amendments to the Patent Act were enacted in 2023. Proposed regulations implementing the PTA system were published for public comment on May 18, 2024. The proposed regulations define the starting point at which PTA may begin to accrue and the periods of time that are excluded or deducted from the PTA calculation.

This article summarizes the proposed PTA system on the expectation that the proposed regulations will come into force without substantive amendment, as legislation is rarely changed substantially at this stage.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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