Upcoming Changes to Canada’s Patent & IP Regime

The Canadian government, through its legislature, has been working on some changes to its intellectual property (IP) laws which will impact you in one way or another, especially if you are in business, are an inventor, or a creator.

The changes are advised by the need to modernize the Canadian IP framework, implement newly adopted international treaties, and ensure that Canadian business people and those wishing to invest in Canada benefit from a more efficient and competitive IP registration process.

Understanding Patents

Patents, in particular, cover innovative ideas that are new in that they should not have been revealed anywhere in the world before the filing date for registration. Also, the ideas must be useful and non-obvious to a skilled person in the field.

The inventor must also submit information about the idea to the registering entity, which must be clear so that a person skilled in the field can replicate it by following the provided information. This information is then made public by the registering entity upon expiry of the protection period.

Changes to Patent Laws

Typically patent protections run for 20 years from the filing date for registration. This means even delays in issuing patent certificates did not affect the protection period. However, the delay can affect a business, for example, if they need their patent certificate to prove rights ownership for business purposes.

A new law passed by the Canadian parliament introduced a system of patent term adjustment to compensate patentees for reasonable delays in issuing their patent certificates. These changes were necessitated by the Canadian-United States-Mexico agreement (CUSMA), which requires member states to adopt the system by 2025.

If a patentee is subjected to an unreasonable delay in issuing their patent certificate, they can apply for an extension of their patent protections for up to five years from the date the patent was supposed to expire. The extended time also comes with paying a service fee which is yet to be determined.

Other Patent-Related Changes

Other major changes in the patent registration process include increased ease at securing a filing date thanks to fewer administrative requirements, and the applicant will no longer be required to pay any fees to secure a filing date as has traditionally been the case. Increased ease in navigating the process which means that applicants can navigate some processes without representation, thereby cutting costs significantly and simplifying change of ownership procedures.

Other IP Rights in Canada

It is also important to note that the Canadian government is still committed to protecting other IP rights as enshrined in the law. These rights include industrial design protections, copyright, trademark and trade secrets.

Industrial design rights: Industrial design rights protect the aesthetics of a product, such as shape, texture, ornamentation, etc. The process of protecting designs in Canada is almost similar to protecting patents, the main difference being patents apply to innovations, while industrial design applies to the product’s aesthetics.

Copyright: Copyright protects artistic creations and applies to drawings, photographs, music, videos, text, and graphics. Copyright protection is the only IP rights that apply by default and is 100% enforceable. Also, it lasts for the author’s life and 70 years after their death.

Trademark protections: Trademark protections cover brand markers such as logos, slogans, graphics, sounds, names etc. While you can claim ownership of a trademark on a first-to-use basis, your rights may not be as secure as they would be if you secure them through registration. Upon successful registration, trademark protection lasts for a renewable term of 10 years after paying service fees.

Trade secrets: As the name suggests, trade secrets cover a business’s trade secrets that help it maintain a competitive advantage in the market. Trade secret protections can last indefinitely if the rights holder reasonably tries to keep the secret confidential.