Continuing with the recent key transformations made to the Canadian patent application examination and procedure, Bill C-47, which includes a patent term adjustment regime, was passed by the parliament and received royal assent. Marking an inaugural introduction of patent term adjustment in Canada, the new terms are set to come into force by January 1, 2025. The policy change is in response to Canada’s commitments under Article 20.44 of the Canada-United-States-Mexico Agreement (CUSMA), the multilateral free trade agreement effective since 2020. Article 20.44 requires signatories to “process patent applications in an efficient and timely manner… to avoid unreasonable or unnecessary delays” and “provide the means to… adjust the term of the patent to compensate for those delays.”
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