The Government of Canada is changing the current Patent Act and Patent Rules to modernize the Canadian patent regime. The current Patent Rules will be replaced with a new set of rules (the “New Rules”), which will come into force on October 30, 2019.
Below the most relevant changes are summarized:
1.“Unintentional” Requirement for 42 Month PCT National Phase Under the New Rules, national phase entry in Canada is still allowable up to 42 months from the priority date of the PCT application, but the applicant will have to submit a statement to the Canadian Intellectual Property Office (“CIPO”) that failure to enter the national phase by the 30-month deadline was “unintentional”. Transition consideration: An applicant having a PCT application with an international filing date that precedes the coming-into-force date may enter the national phase in Canada up to 42 months after the earliest priority date without establishing that failure to meet the 30-month date was unintentional.
2.“Due care” Requirement for Reinstatement Some reinstatements will no longer be “as of right”. Notably, reinstatement will require a showing of “due care” in regards to: (1) applications abandoned for failure to pay …Read More