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ARTICLE · 14 JUNE 2024

Canada's Proposed Patent Term Adjustment Framework Excludes Cases Of Unreasonable Delay By The Patent Office

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Under the Canada-United States-Mexico Agreement (CUSMA), Canada agreed to provide a means to adjust the term of a patent to compensate patentees for unreasonable delays...

GlobalIntellectual Property

Under the Canada-United States-Mexico Agreement (CUSMA), Canada agreed to provide a means to adjust the term of a patent to compensate patentees for unreasonable delays in the issuance of their patents. Amendments were made to the Patent Act in 2023 to provide for a framework for Patent Term Adjustment (PTA), which are set to come into force on January 1, 2025.

Under this PTA framework, a patentee may apply for an additional term where their patent issued more than five years after the filing/national entry date, or three years after the date examination was requested, whichever is later.

The additional term would start on the expiry of the patent, and the duration of the additional term would be equal to the number of days between the patent issue date and these deadlines after subtracting the number of days that is determined under the Regulations

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