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.”
Recent Posts
- Other Barks & Bites for Friday, July 26: New Group Registration for Frequently Updated News Websites, Trade Secret Claims Against TikTok Survive Dismissal, and USPTO’s Estoppel Provisions in IPR Proceedings Upheld
- Call Off Chicken Little: The Sky is Not Falling for Skinny Labeling After GSK v. Teva
- CAFC Committee Recommends Another Year of Sanctions Against Newman
- Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers
- CAFC Invalidates Remaining Claim on Data Transmission Patent, Remands Substitute Claims for Collateral Estoppel Determination