On October 30, 2019, Canada implemented new Patent Rules. Among other changes, the new Rules eliminated Canada’s late entry for national phase as of right.
Under the old Rules, international filings could be entered into national phase for up to 42 months from the earliest priority date, with the payment of a fee. Now, late entry will only be permitted if the Patent Office is satisfied that the applicant’s failure to enter by the 30-month deadline was unintentional.
In other words, for international applications with filing dates on or after October 30, 2019, and priority dates a year before international filing, the 30-month deadline is coming up! Make sure to review your international filings to ensure the right deadlines will be met.
See more about the Patent Rules changes below.
