Canada has amended its Patent Rules and CIPO will increase most of its fees significantly on January 1, 2024. Most fees will increase by more than 30%, some as high as 36%. It is now time to consider whether to pay upcoming CIPO fees before 2024 for IP applications and registrations in Canada, or if any new applications are to be filed in Canada, to file new applications before 2024, to avoid the fee increase.
New fees and a comparison with current fees for many of the commonly paid fees, together with percentage of increase, are provided below:
|
Fees |
Current |
2024 |
Increase |
|
Patent |
|||
|
Application fee for filing a new application |
$421.02 |
$555.00 |
31.8% |
|
Fee for filing a national phase application in Canada |
$421.02 |
$555.00 |
31.8% |
|
Request for examination fee |
$816.00 |
$1,110.00 |
36.0% |
|
Excess claim fee, for each claim |
$100.00 |
$110.00 |
10.0% |
|
Fee for requesting advanced examination |
$526.29 |
$694.00 |
31.9% |
|
Fee for requesting continued examination (RCE) |
$816.00 |
$1,110.00 |
36.0% |
|
Patent final fee |
$306.00 |
$416.00 |
35.9% |
|
Fee for recording an assignment, change of name etc |
$100.00 |
$125.00 |
25.0% |
|
Maintenance fee, due 2nd to 4th anniversaries |
$100.00 |
$125.00 |
25.0% |
|
Maintenance fee, due 5th to 9th anniversaries |
$210.51 |
$277.00 |
31.6% |
|
Maintenance fee, due 10th to 14th anniversaries |
$263.14 |
$347.00 |
31.9% |
|
Maintenance fee, due 15th to 19th anniversaries |
$473.65 |
$624.00 |
31.7% |
|
Reinstatement fee |
$210.51 |
$277.00 |
31.6% |
|
Fee for applying for an extension of time |
$210.51 |
$277.00 |
31.6% |
|
Re-examination fee |
$2,105.14 |
$2,775.00 |
31.8% |
|
Trademark |
|||
|
Application fee for filing a new application (one class) |
$347.35 |
$458.00 |
31.9% |
|
Application fee for each additional class |
$105.26 |
$139.00 |
32.1% |
|
Fee for renewal of a trademark registration (one class) |
$421.02 |
$555.00 |
31.8% |
|
Fee for renewing each additional class |
$131.58 |
$173.00 |
31.5% |
|
Registration fee (if filed before June 17, 2019) |
$210.51 |
$277.00 |
31.6% |
|
Fee for recording an assignment |
$100.00 |
$125.00 |
25.0% |
|
Fee for filing a statement of opposition |
$789.43 |
$1,040.00 |
31.7% |
|
Fee for filing a request under subsection 45(1) |
$421.02 |
$555.00 |
31.8% |
|
Industrial Design |
|||
|
Application fee for filing a new application |
$430.30 |
$567.00 |
31.8% |
|
Excess drawing sheet fee, per page |
$10.75 |
$14.00 |
30.2% |
|
Request for advanced examination |
$537.87 |
$709.00 |
31.8% |
|
Fee for delaying the registration of a design |
$100.00 |
$125.00 |
25.0% |
|
Fee for renewal of a design registration |
$376.50 |
$496.00 |
31.7% |
|
Fee for recording an assignment |
$100.00 |
$125.00 |
25.0% |
|
Reinstatement fee |
$215.14 |
$284.00 |
32.0% |
This fee increase will be the first major, comprehensive fee
increase by CIPO in almost 20 years. CIPO provided several
justifications for this major fee increase, including:
- since 2004, CIPO has not undergone a full fee review, or substantively adjusted its fees
- CIPO does not receive annual government funding for its operations, but instead is fully funded through fees it collects
- total inflation since 2004 reached almost 30%
- fee increases are necessary to offset increases in labour costs and application volumes
- more revenues are needed for critical capital investments
To avoid this significant fee increase, we recommend that IP owners review their Canadian IP applications and registrations (patents, trademarks, industrial designs) and consider paying any upcoming CIPO fees due in 2024 before December 31, 2023, to avoid the fee increase. This fee increase also will affect new applications to be filed in the near future. For example, a patent application filed in 2024 will incur 32% more government filing fees than if filed in 2013. However, whether to file early to avoid fee increase may require consideration of other factors. An early patent filing may lead to an early expiry of issued patent, for example. Whether to file an IP application in Canada before 2024 to avoid the fee increase should be reviewed with your IP attorney and will require careful consideration of overall IP filing strategy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
