From 01 December 2025, the Canadian Patent Act and Rules may allow patentees to apply for an extension of the term of an issued Canadian patent beyond the statutory twenty (20) year period, where patent issuance has been unreasonably delayed.
The term of Canadian patents issuing after the later of both a) more than five (5) years after the Canadian national entry/filing date; and b) three (3) years after examination has been requested, may possibly be extended by submitting a request for adjustment of the patent term. Under the Canadian Patent Act, Section 46.1(1)(c), any request for a patent term adjustment must be submitted within three (3) months following the date of patent issuance, together with government fees of approximately $2,600.
The Canadian Patent Office has however enacted comprehensive Rules, curtailing the availability of any patent term adjustment where applicants are perceived as failing to aggressively advance applications toward allowance. In the result, almost all applicant “delays” in prosecuting the Canadian application will be subtracted from the entitlement to any patent term extension.
For technologies where patent term adjustments may be of interest, to lessen any potential clawback of term adjustment entitlement, it is recommended that applicants adopt from filing, a strategy of proactively monitoring and prosecuting the application with a view to ensuring responses to Office Notifications and Examiner’s Requisitions are submitted without delay.
