Starting January 1, 2025, Canada will implement a Patent Term Adjustment (PTA) system. This change compensates for unreasonable delays in patent issuance, fulfilling obligations under the Canada–United States–Mexico Agreement (CUSMA). PTA extends the standard 20-year patent term, ensuring inventors can fully benefit from their patents.

Who Is Eligible for PTA?

To qualify, patents must meet these criteria:

• Filing Date: Applications filed on or after December 1, 2020.
• Grant Date: Issued after the later of:
  • Five years from the national entry, filing, or divisional presentation date.
  • Three years from the examination request date.

Patent holders must request PTA from the Canadian Intellectual Property Office (CIPO) within three months of the patent issue date. Fees are $2,500 for standard entities or $1,000 for small entities.

How Is PTA Duration Calculated?

PTA begins after the patent’s original 20-year expiry. The extension is based on delays caused by the Patent Office, minus:

• Time between national entry and examination request.
• Applicant response times to CIPO notices.
• Periods of patent abandonment.

Practical Considerations

There are challenges with numerous exclusion periods and the need for proactive management of patent strategies. Uncertainty exists around what constitutes “unreasonable delay” and how external factors like the volume of requests impact PTA.

For more details, visit the Canadian Intellectual Property Office’s website,  refer to our blog on PTA  from May 29, 2024, and stay tuned to our blog for updates on patent regulations and strategies.