On April 20, 2023, the federal government tabled legislation (Bill C-47) that would amend the Patent Act to bring, for the first time, a system of general patent term adjustment (PTA) into Canada. Canada is required under the Canada-United States-Mexico Agreement (CUSMA) to adopt a PTA system by 2025. The PTA system is intended to compensate patentees for “unreasonable delays” by the patent office in issuing a patent.
- Canada is required under CUSMA to adopt a PTA system by January 1, 2025. Bill C-47 amends the Patent Act to meet Canada’s obligation under CUSMA; accordingly the amendments would come into force on or before January 1, 2025.
- Bill C-47, which is referenced as the Budget Implementation Act, 2023 No. 1, is a so-called omnibus bill, meaning that it addresses amendments to several different pieces of legislation. Bill C-47 is currently undergoing second reading in the House of Commons. Read more