Canadian patent law has changed in significant respects as of
October 30, 2019. These changes will be of most interest to our
foreign associates, and to those of our clients who are responsible
for managing deadlines associated with their patent portfolio.
Please read on for further details, and contact us if you have any
questions. We will continue to keep you apprised of all relevant
changes affecting specific matters that we are already handling on
your behalf.
Key changes under the new legislative regime include
the following:
Late national phase entry as of right will not be
available for PCT applications filed on or after 30 October
2019. Applications that are subject to the new law must
enter the Canadian national phase by thirty months from the
earliest priority date, including provision of an English or French
translation if required. An exception is where the failure to enter
the Canadian national phase was unintentional: such an application
can still