If you have a PCT application that needs to be nationalized in Canada, it’s important to be aware of new changes to the regulations for late entry.
According to CIPO, if your application’s International Filing Date falls out before October 30, 2019, the deadline for national entry is still 30 months from the earliest priority date or 42 months from the earliest priority date with an additional payment of a $200 late entry fee.
In addition, if your application has an International Filing Date on or after October 30, 2019, the deadline is still 30 months from the earliest priority date.
However, there are new restrictions for those wishing to file applications after the 30-month deadline using the extension.
- Associates must explicitly request reinstatement of the applicant’s rights
- Associates must provide a statement with the reason for failure to enter the national phase by the 30-month deadline. The reinstatement will only be possible if the 30-month deadline was missed unintentionally
As this is a new policy that has yet to go into effect, it is unclear how the Canadian Patent Office will react to reasoning demonstrating that the failure to file by the 30-month deadline was unintentional. Therefore, our Canadian members strongly recommend that firms with clients who need to file into Canada inform those clients that the 42-month late entry deadline is no longer guaranteed and should NOT be relied on or used to purposely extend the 30-month deadline.
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