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Modernizing Canada’s Patents Regime—An Overview

From: Canadian Intellectual Property Office

The Government of Canada is making progress towards modernizing Canada's intellectual property (IP) framework. Implementing widely adopted international treaties in Canada will better position businesses to compete globally through a cost-effective means for obtaining reliable and high quality IP rights in multiple jurisdictions. A modernized patent regime will help Canadian businesses stay competitive in international markets by giving them an efficient means of protecting their intellectual property in various jurisdictions around the world. A regime that is aligned with other jurisdictions will lower the cost and increase the ease of doing business in Canada. Overall, this is a benefit to both Canadian businesses and those looking to invest in Canadian markets.

Canada has already signed onto the Patent Law Treaty (PLT), but has yet to ratify it. The PLT is a World Intellectual Property Organization accord which aims to simplify and harmonize administrative practices among national intellectual property offices with respect to the patent application process. Ratifying this treaty will mean key benefits for Canadian businesses:

Canada is already compliant with many aspects of the treaty, however to ratify the PLT some legislative and regulatory changes are required. We have already amended the Patent Act and proposed changes to user fees for patents have been recently approved by Parliament.

We are now in the process of amending the Patent Rules which will guide us on how the Act will be applied, as well as making the necessary changes to our administrative systems and procedures.

Some of the most significant proposed changes to Canada's patent regime are:

Submit feedback about the proposed Patent Rules by visiting our submissions page.

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