In my latest column for Slaw on patent publication dates, I discuss how the publication date for patent applications can be later than the typical 18-months secrecy period due to processing delays at the patent office. I have found regularly filed patent applications with publication dates more than 2.5 years from the priority date. For regularly patent applications published in 2025, the average secrecy period was about 23 months according to my analysis.
Tag Archives: Patent Act
IP Consultation
The government has opened a public consultation on 1) client-agent privilege; 2) unauthorized practice before CIPO; 3) clarity of patent ownership information; and 4) requirements of patent demand letters. The consultation is open until April 24th.
Patent Term Adjustment
As of today, patentees who have obtained patents granted after December 1, 2025 can request additional term. A new Chapter 32 in MOPOP addresses the procedures for requesting additional patent term.
Patent Term Adjustment
As part of budget bill C-47, proposed amendments to the Patent Act would address term adjustment based on delays during prosecution if the applicant applies for the additional term within three months of patent grant. Continue reading Patent Term Adjustment
Old Act
Earlier this year, four “Old Act” patents were granted, the first time such patents have been granted since 2014. These recently granted patents have priority dates between 1978 and 1981 so have been in prosecution for over 40 years. Continue reading Old Act
Patent Rules
Amendments to the Patent Rules have been registered and will come into force on July 1st for amendments related to sequence listings, and October 3, 2022 for other amendments to “streamline examination’, including excess claim fees and requests for continued examination. The changes will include a $100 per claim fee for applications with more than 20 claims (see new section 80), and a fee for continued examination after three office actions equal to the original examination fee (see section 85.1). The amendments also add steps such as ‘notices of conditional allowance’. Continue reading Patent Rules
Bill C-13
The emergency legislation, Bill C-13 received Royal Assent today. It includes amendments to the Patent Act to allow compulsory licensing “to respond to the public health emergency”.