The Government of Canada has proposed amendments to the Patent
Rules (draft Patent Rules), which are expected to be promulgated in
final form in mid-2019 and come into force in late-2019 (the CIF
date). Assuming the current draft of the amended Rules will be
maintained, these new Patent Rules will create a number of changes
to the patent regime in Canada.
1. Shortened prosecution timelines
Applicants will face shorter time limits during prosecution. In
particular, applicants will be required to:
- request examination four years after
the filing date of an application, instead of five years;
- respond to an office action within
four months instead of six months; and
- respond to a notice of allowance
within four months instead of six months.
