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Canada’s PTA System Moves Into Practice

Canada’s patent term adjustment (PTA) regime is now a practical post-grant issue for patent owners. The Canadian Intellectual Property Office has opened the route for requesting additional patent term where statutory conditions are met, including for patents granted after 1 December 2025. Because the request period is generally tied to a three-month deadline from grant, the first wave of deadline management will become visible in March 2026.

The change deserves attention, but not every Canadian patent will justify a PTA request. Owners should first check whether the relevant delay is attributable to the Office, whether applicant-side delay reduces the possible adjustment, and whether the likely extra term has real commercial value. For portfolios in pharmaceuticals, communications, materials and other long-tail technologies, early screening of Canadian grants after December 2025 is sensible. For lower-value cases, PTA may be a cost decision rather than an automatic filing step.

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