What is the final deadline to nationalize a PCT patent application in Canada?

It is possible in limited circumstances to make a late national phase entry of a PCT application in Canada up to 12 months after the 30 month deadline. Until recently this was accomplished for any applicant simply by requesting reinstatement of the application. As of late October 2019 there is now a requirement to demonstrate nonintentional abandonment in order to take advantage of the 12 month reinstatement timeframe. This change in reinstatement and late national entry practice in 2019 is a substantial alteration of previous Canadian patent practice and patent practitioners and patent applicants should be aware of the change in practice insofar as it might affect their strategies. We can provide further information and definitive advice on this should you have a situation arise in which you need to contemplate a late national entry.

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