The Canadian Intellectual Property Office (CIPO) has made available proposed amendments to the Patent Rules. The Government of Canada has been amending Canada’s intellectual property laws to bring Canada into compliance with international IP treaties. Accordingly, the Patent Act has been amended to comply with the Patent Law Treaty and now corresponding changes are being made to the Patent Rules.

One of the changes presented in the Patent Act and Patent Rules is the introduction of third party rights which may protect a third party from an action for infringement under particular circumstances. Third party rights may arise where a third party engages in activities that would constitute infringement but occur while the relevant granted patent or patent application has lapsed or been abandoned even though that patent or application is later revived or reinstated. More information on how third party rights are being implemented in the proposed amendments to the Patent Rules can be found here.

The proposed amendments to the Patent Rules have been made available as part of a consultation process. Interested parties such as businesses, inventors and organizations are invited to provide feedback about the proposed Patent Rules from August 1 to September 8, 2017. More information about the proposed amendments and how you can submit feedback can be found here.