December 19, 2024 – Gatineau, Quebec
On , amendments to the Patent Rules were published in the Canada Gazette, Part II. The main goal of these amendments is to set out how the legislative framework for an additional term will be operationalized and administered in Canada. These amendments will come into force on .
As a final step towards the implementation of patent additional term, the amendments to the Patent Rules include:
- a determination process for additional term
- a method to calculate the number of days to be subtracted from the duration of additional term
- a protocol for the reconsideration of the additional term process
- new fee types for actions related to additional term
These amendments will guide the Canadian Intellectual Property Office (CIPO) in making the necessary changes to our administrative systems and procedures. We are committed to ensuring transparency and consistency during the additional term process.
Eligibility requirements for additional term
While the amendments to the Patent Rules come into force , please note that no patents will be eligible for additional term until .
Any applications for additional term received before that time will be dismissed, and may not be eligible for refund.
For more information on Patent Office practice, including eligibility requirements, please consult our new guide to patent additional term.
In advance of December 2025, CIPO will update the Manual of Patent Office Practice (MOPOP) to provide more detailed guidance surrounding additional term.
Miscellaneous and housekeeping amendments
On , new miscellaneous and housekeeping amendments will come into force.
Sections of the MOPOP impacted by these amendments will be updated in January 2025. To find out more about the specific changes, you will be able to consult the Archive of past MOPOP updates, and review the “Track changes” for the January 2025 update.