CIPO has adopted a practice whereby, upon entry of a PCT
application into the Canadian national phase, CIPO will obtain the
sequence listing directly from WIPO, if it was filed as part of the
international application in electronic form. This should simplify
national phase entry in Canada.
The Canadian Patent Rules provide that a sequence listing in
electronic form shall be filed if a patent application contains
disclosure of an unbranched sequence of ten or more nucleotides or
an unbranched sequence of four or more amino acids, other than a
nucleotide or amino acid sequence identified as forming part of the
The sequence listing must comply with the Standard for the
Presentation of Nucleotide and Amino Acid Sequence Listings in
International Patent Applications Under the PCT provided for in
Annex C to the Administrative Instructions under the PCT (the
"PCT sequence listing standard").
In the case of a Canadian PCT national phase application, to
avoid a CAD $200 completion fee, this requirement must be met
before the expiry of three months from the date of national entry
in Canada. If CIPO identifies defects in a sequence listing filed
before the deadline, and a corrected sequence listing is submitted
after the deadline, CIPO requires payment of the completion
Before this change in practice, Canadian agents were normally
required to file a copy of the sequence listing together with a
request for national phase entry. This change in practice may
obviate the need for an applicant to now take any further steps in
respect of the sequence listing in the Canadian national phase.
Accordingly, in order to minimize the steps required to complete
Canadian PCT national phase filings, ideally a sequence listing in
electronic form, complying with the PCT sequence listing standard,
will be filed as part of the international application.
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
informational only and does not constitute legal or professional
advice. To obtain such advice, please communicate with our offices
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