Marketplace Framework Policy Branch

Patent Demand Letter Regulations

Enabling act

Patent Act, RSC, 1985 c P-5

Description

This initiative would provide for the introduction of new regulations involving requirements for patent demand letters (i.e., when a patent owner sends a written communication about their patent to another person or business, usually regarding potential patent infringement).

Potential impacts on Canadians, including businesses

The demand letter regulations will affect patent owners and recipients of demand letters. The regulations will require those sending demand letters to comply with new requirements to provide basic information. As such, recipients of demand letters may benefit from greater clarity of the requests underlying the demand letters and will be able to respond accordingly.

Regulatory cooperation efforts (domestic and international)

The proposal is unrelated to a work plan or commitment under a formal regulatory cooperation forum.

Consultations

Engagement on policy parameters will be included in an IP services and administration consultation that will take place in Spring 2026. Beyond these consultations, there may be an additional opportunity to comment when the draft regulations are published in the Canada Gazette, Part I.

Further information

Departmental contact information

Mark Kohras
Patent Policy Directorate
Innovation, Science and Economic Development Canada
mark.kohras@ised-isde.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

February 9, 2026


Consult ISED's acts and regulations web page for:

  • a list of acts and regulations administered by ISED
  • further information on ISED's implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit: