The Canadian government has published an amendment to the Patent Rules effective April 1, 2002. This amendment affects the due date for National Phase entry under Chapter I of the PCT.
Prior to April 1, 2002, the due date for entering the National Phase in Canada under Chapter I was 20 months from the priority date, extendible to 32 months on payment of a $200 late fee.
The amendment is now in effect, and the due date for entering the National Phase in Canada under Chapter I is now 30 months from the priority date, extendible to 42 months on payment of the aforementioned late fee.
The due date for entering the National Phase under Chapter II continues to be 30 months, extendible to 42 months on payment of the aforementioned late fee.
The amended rules prohibit entry into the National Phase under Chapter I in situations where, before April 1, 2002, 32 months have elapsed from the priority date. Since the Canadian Patent Office was closed on April 1, 2002, we believe that PCT applications designating Canada and having a priority date of July 29, 1999 or later can take advantage of the amended rules.
John Knox is a partner and the head of the electrical and electronic engineering and computer sciences practices in the Vancouver offices of Fetherstonhaugh.
Smart & Biggar is Canada’s largest firm practising exclusively in intellectual property and technology law. With offices in Ottawa, Toronto, Montreal, Vancouver and Edmonton, we offer a full range of intellectual property and technology law services. Related to Fetherstonhaugh through common partners, offices and personnel, we have a national and international reputation for the quality of our work and the calibre of our professionals.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.
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