Canada’s Intellectual Property Law Firm

Patent Term Extension Bill Tabled in the Canadian Senate

On February 20, 2001, the Government tabled a bill in the Senate to bring the patent term provisions of the Patent Act into compliance with Canada's obligations under TRIPs, more specifically, to comply with the September 18, 2000 decision of the WTO that the 17 years from issue term of Old Act patents is inconsistent with TRIPs.

The proposed amendments would extend the term of certain Old Act patents to 20 years from the date the application was filed. The extension would apply to patents that issued less than three years after the filing of an application for patent in Canada, if the application was filed before October 1, 1989, and if the patent is unexpired when the amendments are proclaimed in force.