The Canadian government has published an amendment to the Patent Rules effective April 1, 2002. This amendment affects the due date for National Phase entry under Chapter I of the PCT.
Prior to April 1, 2002, the due date for entering the National Phase in Canada under Chapter I was 20 months from the priority date, extendible to 32 months on payment of a $200 late fee.
The amendment is now in effect, and the due date for entering the National Phase in Canada under Chapter I is now 30 months from the priority date, extendible to 42 months on payment of the aforementioned late fee.
The due date for entering the National Phase under Chapter II continues to be 30 months, extendible to 42 months on payment of the aforementioned late fee.
The amended rules prohibit entry into the National Phase under Chapter I in situations where, before April 1, 2002, 32 months have elapsed from the priority date. Since the Canadian Patent Office was closed on April 1, 2002, we believe that PCT applications designating Canada and having a priority date of July 29, 1999 or later can take advantage of the amended rules.
Related Publications & Articles
-
Power Play: Federal Court’s decision in Energizer Brands, LLC v Gillette Company narrows test for depreciation of goodwill in comparative advertising cases
Last week, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804. The case is noteworthy because it is a “comparative advertising” case,...Read More -
Mark your calendar: Three ways to save on official fees at the Canadian Patent Office before January 1, 2024
Earlier this year the Canadian Patent Office announced that it will increase its official fees on January 1, 2024, in some cases by as much as 36%. Here are three ways that applicants could save on of...Read More -
Brand owners, get ready now: Canadian trademark fees are going up in 2024
In this article, we look at the resulting impact on Canadian trademark fees, which are also increasing by 20-35%.Read More