Filing deadlines for national phase entry in Canada under the Patent Cooperation Treaty (“PCT”) are about to change quite drastically from 42 months to 30 months.
Under the current Patent Rules (the “Rules”), applicants may enter national phase in Canada within the 30-month period after the priority date and are automatically entitled to late national phase entry up to 42 months after the priority date upon the payment of a late fee.
Under the new Rules, expected to come into force by the end of 2019, applicants will no longer be automatically entitled to late national phase entry. In addition to the payment of a late fee, applicants will be required to provide a statement that the failure to enter national phase was unintentional.
Filing PCT applications in Canada after 30 months is about to get much harder – patent filers relying on the 42-month filing deadline are at risk of losing their patent rights. Patentees should consult a PCK IP professional to establish the best possible strategy in order to protect their patent rights. For more information, please contact Stephen Perry.
Click here to obtain more general information on the new Rules expected to come into force later in 2019.