Torys review of Canada's new patent rules published by Law360

June 14, 2019

Law360 has featured a Torys-authored piece on proposed changes to Canada’s patent rules.

The article was written by Edward T. Fan, Melanie Sharman Rowand, Michele Clarizio and Denise Ramsden, outlines the draft Patent Rules and how they will alter the patent regime in Canada.

An excerpt from the piece is below.

The draft Patent Rules will make it easier for applicants to make more complex amendments to applications after allowance.

Currently, applicants may only make amendments to allowed applications that do not require the examiner to conduct a further search. To make any other amendments, applicants must wait for the application to become abandoned for failure to pay the final fee and then reinstate the application to re-open prosecution.

Under the draft Patent Rules, applicants will be able to request that a notice of allowance be withdrawn, causing the application to immediately re-enter examination.

Our team provides more insight on relevant developments in intellectual property on the according practice page.


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