Patent Term Adjustment (PTA) now available in Canada
A new system of Patent Term Adjustment (PTA) is now available to offset significant Patent Office delays in the prosecution of eligible patents that issue after December 1, 2025. Threshold eligibility for a Patent Term Adjustment Only for a patent filed on or after December 1, 2020, and issued after December 1, 2025. The granted […]
Read moreStaying Alive – Missed Patent Maintenance Fees Can Lead to the Loss of Rights in Canada Without Notice
Canadian patents and patent applications may be jeopardized if annual maintenance fees are not paid on time. The Canadian Intellectual Property Office (CIPO) is under no obligation to alert anyone that a maintenance fee payment was missed or improperly processed before a potential loss of patent rights. If a maintenance fee payment is missed, then […]
Read moreCIPO Service Improvements and Updates on Disruptions and Prosecution Delays with Launch of MyCIPO Patents
As part of their updated service strategy, the Canadian Intellectual Property Office (CIPO) has been working to enhance their services, with a focus on modernizing online services, improving communication with examiners, and improving overall prosecution timelines. While CIPO has made some strides towards these improvements, there have also been some disruptions, particularly with the launch […]
Read moreNotice – Ongoing Disruptions at the CIPO Resulting in Prosecution Delays and Inaccurate Records
In July 2024, the Canadian Intellectual Property Office (CIPO) launched a new online portal for patent services known as MyCIPO Patents. This new system is supposed to offer improved services to Applicants including the immediate issuance of an application number upon filing, and real-time submission confirmations and payment receipts. Updates to the Canadian Patent Database […]
Read moreCIPO to Increase Fees Substantially in 2024
On January 1, 2024 fees at the Canadian Intellectual Property Office (CIPO) will increase by approximately 25% on average, per fee type. It is notable that this will be the first substantial fee increase that CIPO has implemented since 2004. This one-time substantive fee adjustment is motivated by CIPO’s current structural deficit, which it attributes […]
Read moreUpcoming Changes to Patent Prosecution in Canada
Examination of Canadian patent applications will change significantly when a host of amendments to Canada’s Patent Rules come into force this year. The changes effective on October 3, 2022 are being introduced to streamline patent examination in preparation for the implementation of patent term adjustment (PTA) obligations under the Canada-United States-Mexico Agreement (“CUSMA”). Most significantly, […]
Read moreNotice of Canadian Patent Rules Change | October 3, 2022
Consider requesting examination of your Canadian patent applications now! ….. …..to avoid significant fees coming to Canada’s Patent Examination Regime On October 3, 2022 there will be significant changes to Canada’s Patent Rules, to introduce excess claim fees and a continued examination regime, with significant new government fees. The new Rules and their requirements will […]
Read moreNotice Regarding Patent Rule Changes
Expect Additional Canadian Patent Rule Changes in 2022 The Canadian Patent Rules are undergoing further amendments to prepare for the patent term adjustment (PTA) obligations under the Canada-United States-Mexico Agreement (“CUSMA”). The amended Rules will take effect in respect of any application where examination is requested on or after the 30th day from the day […]
Read moreCanadian Patent Practice Changes
CANADIAN PATENT NEWS HOW WILL THE CHANGES COMING OCTOBER 30, 2019 AFFECT YOU? Canada’s new Patent Act and Rules will come into force on October 30, 2019. These changes will bring Canada into compliance with the Patent Law Treaty and align Canadian patent practice with international practices. Applicants will certainly benefit from the revisions to […]
Read moreDelivery to a New Non-Promise Land
Delivery to a New Non-Promise Land – Canada finally does away with promises Executive Summary: The Supreme Court of Canada ruled on June 30, 2017 that promises made in a patent are not the standard against which the utility of a patent is measured. This is a significant departure from previous lower court decisions in which […]
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