Patents Eligible for Additional Term Under Amended Rules

CIPO Notices and Updates

Published December 2nd, 2025

Detected March 21st, 2026

Summary

The Canadian Intellectual Property Office (CIPO) has updated its Patent Rules, allowing patentees to apply for an additional term for their patents. This change, effective December 2, 2025, is supported by updated guidance in Chapter 32 of the Manual of Patent Office Practice (MOPOP). Patentees can now apply for this additional term via CIPO's online portal.

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What changed

Effective December 2, 2025, the Canadian Intellectual Property Office (CIPO) has implemented amended Patent Rules allowing patentees to apply for an additional term for their patents. This change is facilitated through CIPO's MyCIPO Patents online portal, with paper and facsimile submissions also accepted. Applications must be filed within three months of the patent's issue date. This update is part of a broader legislative framework that came into force on January 1, 2025.

To support this new practice, CIPO has consolidated all guidance on patent additional term into a new Chapter 32 of the Manual of Patent Office Practice (MOPOP). Previous chapters 32-34 have been renumbered to 33-35. This MOPOP update, published on December 1, 2025, also clarifies the Commissioner's authority to waive certain fees. Patentees seeking an additional term should consult the updated MOPOP Chapter 32 for detailed requirements and procedures.

What to do next

Review updated Chapter 32 of the Manual of Patent Office Practice (MOPOP) for guidance on applying for patent additional term.
Utilize the MyCIPO Patents online portal, or paper/facsimile, to submit applications for patent additional term within 3 months of the patent's issue date.

Source document (simplified)

Effective December 2: Patents eligible for additional term

December 2, 2025

– Gatineau, Quebec

As of today, patentees can apply for patent additional term under Canada's amended Patent Rules by using MyCIPO Patents, the Canadian Intellectual Property Office (CIPO)'s online portal for patent services. Requests by paper and facsimile will also be accepted.

Applications must be submitted within 3 months following the patent's issue date. This process is part of the legislative framework that came into force on

January 1, 2025

To support this change in practice, all guidance on additional term is now consolidated in the new chapter 32 of the Manual of Patent Office Practice (MOPOP). Previous chapters 32 to 34 have been renumbered as chapters 33 to 35, and all sections within these chapters have been renumbered accordingly. This replaces the previous guidance published on the web page Patents: Guide to additional term. While some details in the new chapter 32 of the MOPOP may vary slightly from what was previously published on this page, the guidance remains substantially the same.

This new chapter is part of a MOPOP update published on

December 1, 2025

, which reflects the amendments related to additional term. The update also clarifies the Commissioner's ability to waive certain fees. For a complete list of changes to the MOPOP in this update, consult our track changes summary.

For more information, please see chapter 32 of the MOPOP or contact CIPO's Client Service Centre.