Canadian Patent Updates

On September 30th, Canada, the U.S. and Mexico reached an agreement in regards to the renegotiation of the North American Free Trade Agreement (NAFTA). The new United States-Mexico-Canada Agreement (USMCA) will have the following influence on Intellectual Property:

  • The term of protection for new innovative drug products containing a medicinal ingredient not yet approved in Canada will increase to 10 years (from 8 years).
  • The USMCA will allow for the term of a patent to be adjusted based on unnecessary or unreasonable delay in the processing of a patent application.
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  • Copyright protection will increase to be the life of the author plus 70 years (from life of the author plus 50 years).

For more information, please see the following: Chapter 20: Intellectual Property Rights

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