Author: Raphaëlle Nadon

About Raphaëlle Nadon

Raphaëlle joined the Fasken team during her second year of law school following the internship recruitment process.

Throughout her studies at the Université de Sherbrooke, Raphaëlle was involved in several research projects as part of her job as a research assistant in insurance law, property law and health law. She also represented the student section of the Canadian Bar Association for her Faculty.

A self-proclaimed bookworm and a seasoned runner, Raphaëlle has also taught sailing, yoga and Pilates in Montréal and the Turks and Caicos Islands.

Canada, Intellectual property, Patents

Patent Term Adjustment is finally coming to Canada

The Canadian government is proposing modifications to the Patent Rules to finally introduce a Patent Term Adjustment (PTA) system[1]. The PTA will provide an additional term for patents for unreasonable delays in their issuance. The PTA system is an obligation deriving from the Canada-United States-Mexico Agreement (CUSMA) that entered into force on July 1, 2020.

This new PTA system will take effect on January 1, 2025, and it will apply to Canadian patent applications filed on or after December 1, 2020 that have suffered unreasonable delays in their issuance. An unreasonable delay is defined as a delay in issuance of more than five years from the filing date or three years from the examination request date, whichever is later, with certain exclusions.

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