On January 1, 2025, Canada will implement a patent term adjustment (PTA) system to account for unreasonable delays by the Canadian Intellectual Property Office (CIPO) in issuing a patent. The final regulations were published on December 18, 2024.
Highlights:
- Few patents will qualify for substantial PTA. Applicant delay has minimal, if any, effect on PTA.
- Deferring examination will improve the likelihood of PTA.
- Compact prosecution, including pre-emptive amendments at the time of requesting examination or first Examiner's Report, may improve the likelihood of PTA.
- CIPO will not calculate PTA unless it is requested and a $2500 fee paid within three months of patent issue.
- Only patents filed after December 1, 2020 and issuing after December 1, 2025 will qualify for PTA.
For an in-depth analysis and a practical guide for Applicants, read David Schwartz's article.
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.
