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.
Read the original article on GowlingWLG.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
