On December 18, 2024, 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 January 1,2025.
As a final step towards the implementation of patent additional term, the amendments to the Patent Rule 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
Eligibility requirements for additional term
While the amendments to the Patent Rules come into force January 1, 2025, please note that no patents will be eligible for additional term until December 2, 2025. Any applications for additional term received before that time will be dismissed, and may not be eligible for refund.
In order to be eligible for additional term:
l The patent must have been issued after the later of:
n The fifth anniversary of an applicable day, which is:
u The national entry date for Patent Cooperation Treaty (PCT) applications
u The presentation date for divisional applications
u The filing date for any other application
n The third anniversary of the date of the request for examination
l The patent must be based on a Canadian patent application with a filing date on or after December 1, 2020
l The patentee must apply for additional term and pay a fee within 3 months after the issue date of the patent
Additionally, in order to be granted additional term, the Commissioner must have determined the duration of additional term to be a positive number of days.
Additional term duration= The number of days from the [later of the dates specified in the Eligibility requirements above] to the [issue date of the patent] minus the [number of subtracted days]
Note:
Subtracted days are the number of days determined under the regulations. This is the sum of all the days in the periods of time defined in the Patent Rule under subsection 117.03(1), and include designated days for the purpose of additional term.
There may be multiple applicable periods of time including days to be subtracted and the days in one period may overlap with those in another. In the determination of additional term, a calendar day may be subtracted only once. More information on subtracted days will be provided in a Manual of Patent Office Practice (MOPOP) update in the fall of 2025.
Information source: https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/patent-additional-term-canada
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