All eyes on the Patent Law Treaty — February 2019
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This monthly update aims to provide you with the latest news on the implementation of the Patent Law Treaty with the goal of helping you prepare for upcoming changes.
Progress continues in our efforts to modernize the Patent Rules. Following the first round of public consultations held in the summer of 2017, the proposed Patent Rules were published in the Canada Gazette, Part I in December 2018. Comments received during this period were reviewed and the regulatory work is still underway in collaboration with the Department of Justice. Publication of the final Rules in the Canada Gazette, Part II is anticipated by summer 2019. Watch for a consultation this winter on some modified topics of the Manual of Patent Office Practice resulting from the new Patent Act and the proposed Patent Rules.
Theme of the month: Request for priority
The requirements for a request for priority for a patent application will change significantly:
- the applicant will be required to submit to the Canadian Intellectual Property Office a copy of their priority document, via either a recognized database to which the applicant grants us access or by regular submission
- the applicant may request that priority be restored if their application is filed between 12 to 14 months after the date of the priority application (not possible at present), but only if this occurs unintentionally
- the examiner will no longer need to request a copy of the priority document since it will be on file or accessible
- the examiner will be able to request a translation of the priority document, if needed
- rather than resulting in the abandonment of the application, failure to comply with the requirements will result in the request for priority being deemed to have never been made, with possible impact on the date that the application is laid open to public inspection
Did you know?
In 1474, in Venice, a law was passed stating, for the first time, the basic principles of patent law, which were that an invention must be new, inventive and usable.
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