The TPP and Patent Term Extension

Overview

Food and Drug Law
Food and Drug Regulatory Law The recently finalized Trans-Pacific Partnership (TPP) will most likely require amendments to the Canadian Patent Act to reflect two new categories of patent term extension based on:

  1. “unreasonable delays” by the Patent Office in processing a patent application (such delays being at least more than five years from the filing date or more than three years after a request for examination has been made); or 
  2. “unreasonable curtailment” occurring as a result of the marketing approval process.

The term “unreasonable curtailment” is not defined; however, the Department of Foreign Affairs has stated that “Canada has retained the scope to meet its TPP obligations for patent term restoration for regulatory approval delays with a sui generis system. The TPP provision will have the necessary flexibility to allow Canada to retain its export exception and two year cap on additional protection.”

The TPP awaits ratification by Parliament.

More information is available here.

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