Canada with withdrawal of its notification of incompatibility under PCT Rule 49ter.1(g)

PCT ruleWithdrawal of Notifications of Incompatibility of Certain Modified PCT Rules with National Laws

CA  Canada (PCT Rule 49ter.1(g))

The Canadian Intellectual Property Office, in its capacity as designated (or elected) Office (DO), has notified the International Bureau (IB) of the withdrawal of its notification of incompatibility under PCT Rule 49ter.1(g) (refer to PCT Newsletter No. 05/2006, page 3) in respect of international applications having an international filing date on or after 30 October 2019.

Consequently, PCT Rule 49ter.1(a) to (d), relating to the effect of restoration of the right of priority by the receiving Office under PCT Rule 26bis.3, will apply to the Canadian Intellectual Property Office in its capacity as DO in respect of the above‑mentioned international applications.

Rule 49ter.1(g):
“If, on October 5, 2005, paragraphs (a) to (d) are not compatible with the national law applied by the designated Office, those paragraphs shall not apply in respect of that Office for as long as they continue not to be compatible with that law, provided that the said Office informs the International Bureau accordingly by April 5, 2006. The information received shall be promptly published by the International Bureau in the Gazette.”

Source: WIPO

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