IP/N/1/CAN/29, IP/N/1/CAN/P/18

Canada

Patent Rules

Canada’s new Patent Rules (SOR/2019-251) have repealed and replaced Canada’s previous Patent Rules (SOR/96-423). This regulatory change follows from the amendments made to Canada’s Patent Act in 2014 (under Bill C-43) and 2015 (under Bill C-59), which were necessary in order to implement the Patent Law Treaty (“PLT”). Some notable changes to the Patent Rules, in addition to those necessary to ensure their compliance with the PLT, include time-limited restrictions on correcting obvious errors in granted patents, a reduction of the deferred examination period from 5 years from the filing date to 4 years from the filing date, and a reduction from 42 months to 30 months for as-of-right Canadian national entry for Patent Cooperation Treaty international applications.

Patent Rules: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2019-251/page-1.html Patent Act: https://laws-lois.justice.gc.ca/eng/acts/p-4/FullText.html

Innovation, Science and Economic Development Canada Canadian Intellectual Property Office, Patent Branch 50 Victoria Street Place du Portage, Phase I Gatineau, Quebec K1A 0C9 Canada Telephone: 819-997-2949

https://ip-documents.info/2020/IP/CAN/20_0529_00_e.pdf