1. Canada OPICCIPO Office de la propriété intellectuelle du Canada Un organisme d’industrie Canada Canadian Intellectual Property Office An Agency of Industry Canada FICPI/AIPLA Colloquium on Reform of the PCT: Nice 2002 J. Scott Vasudev Chief, Legislative and International Matters Patent Branch, Canadian Intellectual Property Office

2. Canada 2 Recent Changes to the PCT April 1, 2002: Amendment of time limit for national entry from 20 to 30 months. January 1, 2003: Relief in respect of missed time limits for entering the national phase; Language(s) accepted for translation into language of publication. January 1, 2004: Enhanced international search and preliminary examination system; Automatic designation system. Others: Simplified procedures concerning filing of large applications containing sequence listings; Modifications to facilitate electronic filing and processing.

3. Canada 3 CIPO’s PCT Functions CIPO currently functioning as Receiving Office and Designated/Elected Office. September 2002 received PCT Assembly Approval as International Searching and Preliminary Examining Authority. Presently preparing for operation in July 2004: Training of examination and support staff; Development of IT system; Search documentation and quality management.

4. Canada 4 Impact on CIPO as RO/DO/EO As a Receiving Office: Negligible impact – not yet accepting the filing of entire international applications in electronic format. As a Designated/Elected Office: 20 to 30 month time limit: Until very recently most agents filed demand to ensure 30 month national entry in all countries; Too early – applications still moving through the international phase. Relief for missing national entry time limit: Canada already provides generous 12 month relief mechanism.

5. Canada 5 Impact on CIPO as RO/DO/EO (2) As a Designated/Elected Office: Translation into language of publication: Not an issue in Canada. Enhanced international search and preliminary examination system: Anticipate greater opportunity to make use of ISR and IPRP during national examination. Automatic Designation System: Anticipate possible increase in national entries. Simplified procedures for filing large applications: Amend national legislation to efficiently handle large applications and electronic filings.

6. Canada 6 Impact on CIPO as ISA/IPEA Benefit of commencing operation post January 1, 2004 amendments. Develop system in accordance with perceived operation of enhanced search and exam system according to revised Guidelines and incorporating new PCT forms. Resource requirements and anticipated volumes based on significant reduction of demands for preliminary examination. Established search and exam fees taking into consideration provision of first written opinion with ISR.