Changes to the Patent Rules introducing excess claims fees and limitations on the number of office actions provided per request for examination (see our article for details) will come into force on October 3, 2022. These new provisions of the Rules will apply to all applications in which a request for examination is made on or after the coming-into-force date.
 
 

The goal of these new Rules is to streamline the examination process, in anticipation of the Canadian Intellectual Property Office's (CIPO) obligation to introduce Patent Term Adjustment (PTA) provisions into Canadian Patent Law under the Canada-United States-Mexico Agreement (CUSMA).

At my firm we suggest that clients consider filing a request for examination before the new Rules come into force, if they wish to avoid excess claims fees and limitations on the number of office actions per examination request. To avoid the expected rush for filing a request for examination, requests should be considered as soon as possible if this is of interest.

 

FICPI’s view and involvement 

Independent IP attorneys bring insights and counsel from a wider external perspective and a commitment to high quality work, complying with all relevant regulations. FICPI is the only worldwide organisation exclusively for independent IP attorneys and is driven by a strong shared interest to promote common solutions and advocacy for private practice.

Next steps 

Consider joining FICPI’s Study & Work Committee (CET 3) on International Patent Matters. Find out more at: https://ficpi.org/cetcommissions/cet-3-international-patent-matters

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