CIPO Hosts WIPO Event on Patent Grace Period

CIPO Notices and Updates

Published December 5th, 2025

Detected March 21st, 2026

Summary

The Canadian Intellectual Property Office (CIPO) hosted a side event at the World Intellectual Property Organization (WIPO) in Geneva on November 5, 2025, to discuss the patent grace period. The event aimed to foster discussion among delegates on the importance of grace periods for innovators, particularly SMEs, and to share user perspectives on pre-filing disclosures.

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What changed

The Canadian Intellectual Property Office (CIPO) hosted a side event during the WIPO Standing Committee on the Law of Patents (SCP) session in Geneva on November 5, 2025. The event focused on the patent grace period, a provision that allows certain pre-filing disclosures to be excluded from novelty assessments, which is crucial for innovators and SMEs. Canada's own patent grace period is one year, but its absence in key jurisdictions like most European countries can hinder patent protection.

This notice serves to inform stakeholders about CIPO's participation in international discussions on patent law harmonization. While no new compliance obligations are imposed, the event highlights CIPO's commitment to supporting innovators and promoting Canada's IP interests globally. Interested parties can contact Craig MacMillan at CIPO for further information or to share feedback on CIPO's engagement with the WIPO SCP.

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CIPO hosts side event on patent grace period at WIPO

December 5, 2025

– Gatineau, Quebec

November 5, 2025

, the Canadian Intellectual Property Office (CIPO) hosted a side event on the patent grace period during the thirty-seventh session of the World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents (SCP) in Geneva, Switzerland.

Canada is an active member of the WIPO SCP, which serves as a forum for discussions on various topics, including substantive patent law harmonization. The side event that CIPO hosted at this session aimed to spark discussion among WIPO SCP delegates and to share user perspectives on the patent grace period for pre-filing disclosures. While a 12-month grace period is slowly becoming the norm in many patent systems, it remains unavailable in key jurisdictions such as most European countries. This absence can be a barrier to obtaining patent protection for inventors and applicants.

The side event featured a panel of speakers from CIPO, legal practitioners, academia and small and medium-sized enterprises (SMEs). Panellists discussed the importance of the patent grace period as a safeguard for innovators and shared real-world case studies from users navigating various patent systems.

The event was well received by WIPO SCP delegates and helped advance discussions on the need for greater international alignment on such safeguards in the patent system, particularly those that support SMEs, universities and individual inventors.

For more information or to share feedback on CIPO's participation in the WIPO SCP, please contact Craig MacMillan, Acting Deputy Director of Patent Policy and International Affairs: craig.macmillan2@ised-isde.gc.ca.

About the patent grace period

In most countries, an invention that has been publicly disclosed before filing a patent application cannot be patented because it no longer meets the novelty requirement. The patent grace period is a legal provision that allows certain disclosures made before filing to be excluded from novelty and inventiveness assessments. This safeguard helps innovators who disclose their invention accidentally or intentionally, for example, at a conference or in a publication. Grace periods typically range from 6 to 12 months, but their availability and conditions vary widely across jurisdictions.

Under Canada's Patent Act, the grace period is one year before the filing date. It applies to disclosures made by the applicant or by someone who obtained knowledge from the applicant. For more details, please consult section 18.04 of CIPO's Manual of Patent Office Practice.

About Group B+

The Group B+ is comprised of intellectual property (IP) offices from 46 countries and 2 organizations. Its objective is to promote progress on key patent law issues under consideration at WIPO. Currently, its primary focus is substantive patent law harmonization and client-attorney privilege. CIPO is a member of the Group B+, as part of our mission to help businesses compete globally through international cooperation and the promotion of Canada's IP interests.

For more information on CIPO's efforts, we invite you to consult our updated Group B+ page.