Brian G. Kingwell
Partner
Patent Agent, Trademark Agent
Article
The deadline for national phase entry in Canada is 30 months from the earliest priority date. For international applications having an international filing date that was before October 30, 2019, a national phase application can be reinstated as of right for up to 12 months following the 30 month deadline. This ability to reinstate as of right is coming to an end. For international applications having an international filing date that is on or after October 30, 2019, a national phase application may only be reinstated if the failure to meet the 30 month deadline was unintentional. The Canadian Intellectual Property Office has accordingly indicated that any request for national phase reinstatement on or after May 1, 2021 will be subject to the new "unintentional" requirement.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.