Monday, February 9, 2015

What Are The Amendments To The Canadian Patent Act?

On December 16, 2014, Bill C-34 received Royal Assent. This bill includes amendments to the Canadian Patent Act. The purpose of many of the amendments to the Patent Act is to align Canadian patent law with the Patent Law Treaty (PLT) done at Geneva on June 1, 2000.

Currently, new Regulations are being drafted to support the amendments to the Patent Act. Once these Regulations are in place, the Act will come into force. If this follows the same time line as the implementation of the new Trademark Act revisions (non-counterfeiting provisions), one might expect to the see the new Patent Act in force towards in the second quarter of 2016, if not sooner.
The amendments touch on many areas of Canadian patent law, such as:
  •   Payment of the Filing Fee,
  •   Priority Date,
  •   Maintenance Fees on Applications and Patents ,
  •   Grace Period,
  •   Examination,
  •   Transfers of Applications and Patents,
  •   Intervening Rights,
  •   Abandonment and Reinstatement, and
  •   Patent Agent Representation.

Read A More Detailed Commentary Here

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