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Patent Rules (SOR/2019-251), Canada
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Superseded Text
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Year of Version
2019
Dates
Entry into force:
October 30, 2019
Issued:
June 22, 2019
Type of Text
Implementing Rules/Regulations
Subject Matter
Patents (Inventions)
Subject Matter (secondary)
IP Regulatory Body
Notes
The Patent Rules (SOR/2019-251) entered into force on October 30, 2019, on the day on which section 53 of the Economic Action Plan 2015 Act, No. 1 entered into force, in accordance with section 237 entitled 'Coming into Force' under Part 4 entitled 'Repeal and Coming into Force'.
The notification by Canada to WTO under Article 63.2 of TRIPS states:
'Canada's new Patent Rules (SOR/2019-251) have repealed and replaced Canada's previous Patent Rules (SOR/96-423). This regulatory change follows from the amendments made to Canada's Patent Act in 2014 (under Bill C-43) and 2015 (under Bill C-59), which were necessary in order to implement the Patent Law Treaty ('PLT').
Some notable changes to the Patent Rules, in addition to those necessary to ensure their compliance with the PLT, include time-limited restrictions on correcting obvious errors in granted patents, a reduction of the deferred examination period from 5 years from the filing date to 4 years from the filing date, and a reduction from 42 months to 30 months for as-of-right Canadian national entry for Patent Cooperation Treaty international applications.'
Available Texts
Main text(s)
Main text(s)
French
Règles sur les brevets (DORS/2019-251)
PDF
HTML
English
Patent Rules (SOR/2019-251)
PDF
HTML
WTO Notifications Coversheet
WTO Notifications Coversheet
French
Règles sur les brevets (DORS/2019-251)
PDF
Spanish
Reglamento de Patentes (SOR/ 2019-251)
PDF
English
Patent Rules (SOR/2019-251)
PDF
Legislation
Is superseded by (2 text(s))
Is superseded by (2 text(s))
Treaties
WTO Document Reference
IP/N/1/CAN/29
IP/N/1/CAN/P/18
WIPO Lex No.
CA252