Proposed changes to Canadian law were published in early July, which, if passed, will have significant consequences for patent applicants.
These changes include:
- Excess claims fees of $100 per claim over 20
Calculated at the time of Requesting Examination, and again at payment of Final Fee, these fees are not applicable to any Canadian applications that have requested examination within 30 days of the coming into force of the proposed changes.
- Three strikes and you’re out
Applicants will need to file a Request for Continued Examination, at a cost of $816, to continue prosecution after a third office action.This includes office actions where the only objection is unity of invention.
- Conditional Notice of Allowance
Applications which only require minor claim amendments for allowance will receive a “conditional notice of allowance”, which should streamline prosecution.
These changes are not yet law. They may be amended before they become law.