TODAY’S GENER AL COUNSEL WINTER 202 0
Intellectual Property
New Canadian Patent Laws More Aligned With U.S. By Benjamin Mak and Filip Boskovic
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anada has substantially amended its Patent Act and Patent Rules for the first time in decades. The amendments to the Rules, which came into force on October 30, 2019, and the Act, which came into force on December 13, 2018, are intended to better align patent prosecution in Canada with its major trading partners, including the United States.
Two noteworthy advantages of the Canadian system relative to the United States have been retained: (1) Canadian applications do not require payment of excess claims fees (there are no additional fees owing for a patent application based on the number of claims in the application); (2) examination can be accelerated, or deferred for up to four years (previously five years).
The following is a brief overview of the new Canadian patent prosecution regime and the existing procedures in the United States. It is intended to inform the reader of significant differences and similarities between the two jurisdictions. THIRD-PARTY RIGHTS
Whereas previously Canada had required payment of the filing fee to secure a filing