As of January 1, 2025, Canada has implemented a new Patent Term Adjustment (PTA) system to compensate patentees for unreasonable delayes in the issuance of patents by the Canadian Intellecutal Property Office (CIPO). This change aligns with Canada’s obligations under the Canada-United States-Mexico Agreement (CUSMA) and marks a significant shift in Canadian patent law.
Under the new system, if a patent is issued more than five years after its filing date or more than three years after a request for examination – whichever is later – the patentee may be eligible for an additional term. However, any delays attributable to the applicant, such as late responses to CIPO communications, will be subtracted from the adjustment period.
To apply for a PTA, patentees must submit an application within three months of the patent’s issuance and pay the prescribed fee. The Commissioner of Patents will then determine the duration of the additional term, considering any applicant-caused delays. This additional term will run concurrently with any Certificate of Supplementary Protection (CSP) that may apply to the patent.
This development is particularly relevant for industries with lengthy patent prosecution processes, such as pharmaceuticals and biotechnology. It provides a mechanism to ensure that the effective patent term reflects the time lost due to administrative delays, thereby offering better protection for innovators’ investments.
For more detailed information on the PTA system and its implications, you can refer to the official publication in the Canada Gazette: https://gazette.gc.ca/rp-pr/p1/2024/2024-05-18/html/reg1-eng.html
Article written by ChatGPT.