On January 1, 2025, Canada will implement a patent term adjustment (PTA) system to account for unreasonable delays by the Canadian Intellectual Property Office (CIPO) in issuing a patent. The final regulations were published on December 18, 2024.
Highlights:
- Few patents will qualify for substantial PTA. Applicant delay has minimal, if any, effect on PTA.
- Deferring examination will improve the likelihood of PTA.
- Compact prosecution, including pre-emptive amendments at the time of requesting examination or first Examiner’s Report, may improve the likelihood of PTA.
- CIPO will not calculate PTA unless it is requested and a $2500 fee paid within three months of patent issue.
- Only patents filed after December 1, 2020 and issuing after December 1, 2025 will qualify for PTA.
For an in-depth analysis and a practical guide for Applicants, read David Schwartz’s article.