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.
Related Publications & Articles
-
Ghost in the machine: AI and patent protection
While there are arguments available that the current legal framework in Canada precludes the possibility of patenting AI-generated inventions (i.e., without any human input), it remains to be seen how...Read More -
All clear? The importance of trademark clearance searching in Canada
This article outlines the benefits of trademark searching, different types of searches, and specific Canadian considerations, emphasizing the importance of proactive trademark clearance.Read More -
Angelcare and Playtex seal another win against patent infringer Munchkin
On August 17, 2023, the Federal Court issued its decision in Angelcare Canada Inc. et al. v Munchkin Inc. et al. (2023 FC 1111) regarding the Plaintiffs’ entitlement to certain remedies for patent inf...Read More