Canada legislative change

New rules relating to claim fees and to the number of examination notifications will enter into force in Canada in October 3, 2022.

 

  • New rules for claim fees

Currently, no claim fee is due in Canada.

Under the new rules, any claim in excess of twenty (20) will be subjected to the payment of a claim fee.

The number of claims at the time of filing the request for examination is taken into account for determining the claim fees due at that time.

If amendments increasing the number of claims are made during the examination, the highest number of claims filed at any point during examination will be considered to determine the final number of claim fees due upon allowance of the patent.

 

  • Number of examination notifications

For the moment, there is no limit on the number of examination notifications.

Under the new rules, the Applicant may receive up to three examination notifications.

To continue the examination, the Applicant will have to request for continued examination (RCE) and pay a new examination fee. After filing the first RCE, an additional RCE will be necessary every two examination notifications.

 

  • Schedule of the changes

The new rules will apply for applications for which the examination is requested on or after October 3, 2022.

This applies to national applications, national phases of international applications (PCT) and to divisional applications.

  • Strategy to be undertaken

Should you wish to avoid these new rules for a specific patent application, it is thus recommended to request examination by September 30, 2022.

You may consider anticipating the filing in Canada of national applications claiming a priority, international applications and divisional applications.

Strategies may be found to limit the number of claims, e.g. by drafting claims including alternatives or by drafting dependent claims with multiple dependency.

Amendments can be filed to reduce the number of claims at any time before or upon filing the request for examination.

 

 

Do not hesitate to contact our patent professionals in case you have any questions about the new changes or to discuss strategy.

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