The long-awaited date has arrived. The amendments to Canada’s Patent Act and Rules, in order to implement Canada’s obligations under the Patent Law Treaty (PLT), come into effect today. The PLT is intended to harmonize and streamline formal procedures for national and regional patent applications and patents in order to make them more user friendly. Briefly, among other changes, the amendments will introduce: (i) shorter deadlines for certain actions; (ii) concepts of “third party rights”, “due care” and omissions being “unintentional”; (iii) notices for missed deadlines; (iv) simplified requirements in order to obtain a filing date; and (v) restoration of priority. For a detailed overview of some of the most significant changes, please refer to our bulletin on The New Patent Rules.
Mark D. Penner’s practice focuses on all aspects of the acquisition, protection, enforcement and strategic use of a wide range of intellectual property assets in Canada and around the world.