Do you live in Canada? Do you own a Canadian patent? You can now extend your patent term up to two years. So, if your patent has expired, you still have a chance to extend it through intellectual property expert. However, you must apply for this extension and pay a fee. So, get everything in order and protect your invention.

All new applicants for extension will receive a certificate of supplementary protection, otherwise called CSP. However, you only get the CSP if you meet the set criteria. 

What is CSP?

CSP is the patent term extension currently in place. This extension came into force in mid-2017. CSP allows the extension of a drug with a new medicinal ingredient for 1-2 years. CSP aims to compensate the patentee for their research, time spent getting the patent, and necessary regulatory approvals for their new drug.

What does patent term adjustment mean?

Bill C-47 introduced patent term adjustments (PTA) in Canada. PTA aims to fulfill international obligations and offers compensation for patentees who are victims of unreasonable delays in patent application processing.

What is unreasonable delay? The law defines it as any delay beyond five years after first filing a patent application or three years from when you requested an examination. 

Is the patent term adjustment in force right now?

No. The patent term adjustment will be operational in 2025. This adjustment applies to every Canadian patent application filed in 2020. Likewise, your patent is eligible for an extension under the above mentioned circumstances.

The CSP is complex in terms of eligibility and timelines. The extension is not automatic, meaning a patentee must apply for this adjustment within three months and pay the necessary fees after patent issuance. You will learn more about the fees and the application process after the regulations are in place. Let’s delve deeper into the eligibility for patent term extensions.

The patent term adjustment will start once your ordinary 20-year patent protection expires. Also, the adjusted term applies only if your patent is valid at that time. In this case, you get a certificate of supplementary protection.

Your CSP bears the patent number, duration of the patent term extension, and other vital information. The patentee will pay a maintenance fee that covers the maintenance of the patent during this extension period.

This patent legislative amendment permits the Canadian Commission of Patents to reconsider the duration of any granted patent. The person applying for an extension or the commissioner must initiate such reconsideration.

Furthermore, the amendment allows the federal court to reconsider the patent term adjustment. The court only considers orders to shorten the PTA term and not lengthen it.

Are PTA and CSP the same?

No. PTA, which is still not in force, compensates the patentee for any delays in unnecessary prosecution. On the other hand, CSP compensates the patentee for delays in getting regulatory approval. However, the terms granted by the commissioner will run simultaneously with the CSP extensions.

Conclusion

Canadians can use CSP, which is operational, to extend their patents. However, by 2025, they will be able to use PTA. The bills empower the patentee to get recourse for delays by getting extended protection. The PTA and CSP will run concurrently. Let us know your thoughts on this new patent development.