On January 29, 2020, Bill C-4, which addresses some of the changes required under the Agreement between Canada, the U.S. and Mexico (USMCA), was introduced in the House of Commons. Amendments to the Patent Act were not introduced by Bill C-4 but are expected in the coming years as Canada must implement the USMCA requirement of patent term adjustment to compensate for Patent Office delays within 4.5 years of USMCA coming into force. USMCA originally included a requirement for each Party to provide a data protection term for biologics of at least ten years from the date of first marketing approval, which would have required Canada to extend its eight-year data protection term for biologics. However, this requirement was removed during the renegotiation of USMCA in December 2019.
For further information see our articles: A Step Towards Canadian Ratification of "NAFTA 2.1" and What the amendments to the USMCA mean for Canadian IP law.
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 directly.