Table of contents
- Overview of CIPO services
- Rationale for proposed fee adjustment
- Pricing Factors
- Proposed fee adjustment
- Projected revenue and expenditures
- Impact Assessment
- CIPO stakeholders
- Proposed regulatory amendments
- Engagement and implementation
- 9.1. Consultations
- 9.2. Timeline
Executive summary
The Canadian Intellectual Property Office (CIPO) is carrying out consultations on a fee proposal that would address its current structural deficit and better enable the organization to serve its clients.
CIPO is a special operating agency of Innovation, Science and Economic Development Canada (ISED) and is responsible for administering intellectual property (IP) rights in Canada. CIPO grants or registers the rights for several different types of IP: patents, trademarks, copyright, industrial designs, integrated circuit topographies, geographical indications and official marks.
IP activity continues to grow both in Canada and internationally. In 2019–2020, CIPO received 120,000 IP applications, including 37,999 for patents, 68,385 for trademarks and 7,408 for industrial designs. Almost 70% of our clients are from outside of Canada, many from the United States, Germany (and the larger European Union) and China.
CIPO is not funded through appropriations; rather, it is funded entirely by its fee revenues. CIPO funds its operations on a cost-recovery basis from the revenue it generates from fees paid by clients for IP services. Therefore, fees must be sufficient to recover the costs of the associated activities in order to adequately fund and support CIPO's operations.
Based on current projections, CIPO is expected to run out of authority to spend by September 2024. Fees have not been subject to a review since 2004. Canada's intellectual property fees are not aligned with those of our international counterparts, who have recently adjusted their fees to account for the impact of inflation.
To address this current situation, CIPO is proposing:
- To keep the current fee structure but adjust existing fees;
- To catch up with almost 30% inflation since 2004 by adjusting most of its fees by 25%;
- To maintain the current patent fees for Canadian small and medium-sized enterprises (SMEs) (i.e., no 25% fee increase);
- To recognize the disproportionate burden that fees place on small businesses and to encourage them to better protect their IP and to expand CIPO's definition of small business to align with the definition used by the Government of Canada, allowing for a greater number of these businesses to pay the lower patent fees targeting specifically small entities;
- To reinvest any accumulated surplus to make ongoing capital investments in IT infrastructure and improve services; overall, any fee adjustment will result in a revenue-neutral situation—fees will be reinvested in CIPO's core operations to continually improve services to clients.
CIPO is soliciting input from stakeholders, particularly those who seek IP rights, regularly interact with CIPO and use its services. Interested parties can provide comments to CIPO on this fee proposal through a survey questionnaire. Comments can also be sent to CIPO by email at cipofeereview-revisiondesfraisopic@ised-isde.gc.ca.
1. Overview of CIPO services
CIPO has a mandate to deliver timely and quality IP products and services to customers and to increase awareness, knowledge and effective use of IP by Canadians. CIPO administers Canada's IP system and provides access to these rights in Canada to foreign and Canadian applicants. The administration of IP rights by CIPO is also part of commitments under several trade agreements and international agreements negotiated by the World Intellectual Property Organization (WIPO) to which Canada is a signatory.
In Canada, CIPO provides services that administer the examination, granting and registration of IP rights, which cover the lifespan of an intellectual property right, from initial filing to expiration of the right. The range of IP rights falls into a number of areas: patents, trademarks, industrial designs, copyright and geographical indications.
To retain the protection for an IP right granted by CIPO, clients are required to pay the associated fees as prescribed by law for the specific right. Without full payment of the fees, protection for the IP right lapses and the owner is no longer entitled to the exclusive right to exploit their IP.
2. Rationale for proposed fee adjustment
CIPO is funded through a revolving fund, which means that expenditures are funded fully by the revenue generated from fees. The fee revenue is deposited in the revolving fund and CIPO can access that fund whenever needed. CIPO does not receive, nor is it dependent on, funding from the central fiscal framework.
CIPO established its fund in a Treasury Board submission approved by the Treasury Board in April 1994. The fund provides CIPO with the authority to finance its operations through fee revenue rather than by relying on appropriations.
CIPO operates on a multi-year business cycle and can run surpluses or deficits in any given year. CIPO can retain surpluses and use them in future periods when there is a deficit. Fees should be set at a level such that, over a normal business cycle, revenue and expenditures are balanced. From year to year, demand for services varies and fees must be structured to generate enough revenue for the organization to withstand such variances in demand and any changes to expenses resulting from continually increasing costs. Likewise, the IP application and examination process can cross two or more fiscal years, requiring deferred revenue to be carried forward until it is earned.
For the 18 years since its last review exercise, CIPO fees have not been adequately adjusted to account for inflation, growth, increased IT capacity or demand. As a result, CIPO has been in a net loss position annually since the 2017–2018 fiscal year. Earned revenue from core activities (i.e., applications, grants and registrations) are trending down. However, maintenance fees and renewals have been trending upward and now represent almost half of all CIPO revenue.
CIPO is currently in a structural deficit because net loss has been growing. Unless this critical financial situation is addressed, CIPO will run out of authority to spend by September 2024, affecting services to innovators and businesses. CIPO's net income decreased from $12.3 million in the 2015–2016 fiscal year to a net loss of $41.9 million in the 2020–2021 fiscal year. During this same period, CIPO's revenue decreased from $162.6 million to $145.2 million per year, while costs increased from $150.3 million to $187.1 million. The increase in CIPO's deficit is driven primarily by an increase in costs over the last 5 years. And with critical capital investments that can no longer be delayed, CIPO is experiencing accelerated erosion of its accumulated cash surplus (or unused authority). To address this structural deficit, CIPO is proposing to adjust most of its fees by 25% to catch up with almost 30% inflation since 2004.
3. Pricing factors
The following factors, listed in order of priority, are driving the pricing exercise. A short explanation of the analysis methodology is provided.
- Total operational costs: This is the principal factor driving the pricing exercise. Current costs and anticipated costs have been analyzed to determine the required increase in revenue. See section 5 (Projected revenue and expenditures).
- International counterparts: The second factor for the pricing exercise is CIPO's fees compared with those of its international counterparts around the world. A total of 70% of CIPO clients are from abroad and most Canadians file in other countries. Every other country updates its fees regularly, with some fees even updated during the COVID-19 pandemic (e.g., USPTO). See annex B.
- Small businesses: The third factor is to ensure due consideration was given to small businesses. This was achieved by not increasing small entity fees for patents and by aligning CIPO's definition of small business with that of ISED and the Government of Canada. Specifically, CIPO's definition involved businesses with 1 to 50 employees. CIPO proposes defining small business as those having 1 to 99 paid employees, which is the same as ISED's definition. This means that a greater number of businesses will be able to pay the patent fees for small entities. This will be particularly beneficial for Canadian business owners.
- Impact on fee payers: The fourth factor focuses on the impact of the revised fees on clients. CIPO's fees account for a small percentage of a client's overall costs to secure IP rights. Therefore, the impact of the proposed increase on many clients is expected to be minimal, whereas the projected revenue increase will allow CIPO to improve its service delivery and make the necessary capital investments to modernize its IT systems and hire more staff to address the demand. As a result, the financial impact on many clients is expected to be quite low, while the impact on client satisfaction would be expected to improve over time.
- Public policy objectives: As part of the National IP Strategy, CIPO plays an important role in ensuring that businesses understand IP and the means for protecting and leveraging their ideas—in other words, CIPO's mandate. A key enabling agency in the IP ecosystem, CIPO must be built-for-purpose to help ensure that innovations receive IP protection in a timely fashion. The ability of innovators and creators to thrive in the intangibles economy is a key government objective.
- Public and private benefit assessment: As a special operating agency, CIPO is required to recover the entirety of its operational costs. Intellectual property rights are expected to have economic value to the holder of the rights; consequently, long-standing Canadian government policy has been for those obtaining these economic benefits to pay for the costs of managing the IP system in Canada.
4. Proposed fee adjustment
The following sections describe the approach to CIPO's fee adjustment exercise to catch up with almost 30% inflation. No new fees are being proposed and the current fee structure is not subject to change.
4.1. General approach
CIPO's general approach is to increase most fees by 25%. This is termed the "standard percentage" for the purposes of this document. This adjustment is deemed to be sufficient to address CIPO's revenue gap. There are only a few low-materiality fees that are not subject to the standard fee adjustment. In addition, small entity fees for patents will not be subject to a fee increase. This overall approach is justified by the financial gap of the projected costs and the revenue trends that are described in section 5.
4.2. SME fee freeze and definition of small business
Patents
The proposal is to not increase small entity fees and to amend the current definition of "small entity" in subsections 44(2), 112(2) and 122(3) of the Patent Rules. A small entity declaration grants discounted rates for patent services to a company that meets certain criteria. Currently, small entities are defined as a university or those companies that employ fewer than 50 employees at the time the patent application is filed. This proposal would increase the maximum number of employees for a small entity from 50 to 99 in order to increase the use of small entity declarations and harmonize the definition of "small entity" used by CIPO with the definition used by Innovation, Science and Economic Development and the Treasury Board of Canada. Broadening this definition will categorize over 95% of Canadian companies as small entities.
4.3 Low-materiality fees
As outlined in the Service Fees Act, low-materiality fees are not subject to remissions or annual consumer price index adjustments. The Low-Materiality Fees Regulations define low-materiality fees as fees under $51 and fees $51 or more but less than $151 if the annual revenue collected from that fee is no more than $500,000 in three consecutive years.
CIPO's low-materiality fees will be subject to the adjustment up to but not above the low-materiality threshold of $150.99. With this approach, a $50 fee would be adjusted by 25%, up to $62.50. However, an existing fee of $125 would not be subject to the standard adjustment because it would raise the fee to $156.25, which is above the low-materiality threshold.
Drivers: The main drivers behind this policy decision are based on the following considerations:
- IT perspective: Changing the status of a low-materiality fee to that of a "material" fee is complex, time-consuming and, given the nature of CIPO's IT system, would require highly specialized resources.
- Financial perspective: While low-materiality fees account for more than half of CIPO's fees, revenue generated by these fees is proportionally low given they account for approximately $18 million, or 10% of CIPO's total revenue.
- Outcome: All fees that currently have low-materiality status will maintain their status. Those that can be adjusted without going above the low-materiality threshold will be revised by the standard percentage of 25%.
5. Projected revenue and expenditures
Adjusting most fees by the standard percentage of 25%, except for a few low-materiality fees, effective for the 2024–2025 fiscal year would be expected to allow CIPO to collect slightly higher revenue compared with the annual expenditures it will incur (8.9% on average). Small entity fees for patents will not be subject to a fee increase. A 25% fee adjustment to most fees would allow the revolving fund to gradually replenish its unused authority, which will be depleted over the business cycle.
Figure 1. CIPO financial projections, cash basis (in millions)
Text version of figure 1 – CIPO financial projections, cash basis (in millions)
| 2018–19 | 2019–20 | 2020–21 | 2021–22 | 2022–23 | 2023–24 | 2024–25 | 2025–26 | 2026–27 | |
|---|---|---|---|---|---|---|---|---|---|
| Revenues | $156 | $151 | $145 | $170 | $180 | $197 | $236 | $248 | $253 |
| Expenditures | $161 | $181 | $187 | $204 | $221 | $221 | $229 | $233 | $238 |
| Unused authority at year end | $134 | $115 | $101 | $68 | $25 | $0 | $7 | $22 | $36 |
The unused authority may eventually serve multiple purposes. It could be used to plan for future capital investments, such as IT systems and other service delivery improvements, and for changes in the post-pandemic workplace environment. The additional unused authority could also allow for financial flexibility in the event of an economic downturn or to address the normal variability of expenditure and revenue forecasts over a multi-year business cycle. Finally, CIPO receives payment in advance for services it delivers after the fact, frequently up to 2 years later. The obligation is a liability (i.e., deferred revenue) to the organization and requires outlay of future expenditures. The 25% fee adjustment would help cover CIPO's liability vis-à-vis clients who pay in advance, which is estimated at approximately $100 million on an ongoing basis. The current fee proposal will allow CIPO to reach this threshold five years after implementation (i.e., by 2028–2029).
6. Impact assessment
CIPO has structured its fee schedules in a way that is responsive to stakeholder demands, while enabling long-term financial stability for CIPO and improved services overall. In developing the fee proposal, CIPO took into consideration the diverse range of IP stakeholders and interested parties and the context in which they operate, including their unique circumstances.
CIPO has also weighed these considerations against the impacts of the structural deficit on CIPO, which would severely hamper its ability to deliver its services and potentially affect the state of IP rights in Canada. Without an adjustment to fees, it is likely that CIPO would run into difficulties in delivering on its mandate of providing IP rights in Canada.
According to the Intellectual Property Awareness and Use Survey (IPAUS) carried out from 2017 to 2019, approximately one fifth (18.2%) of businesses in Canada reported that they owned at least one type of intellectual property (IP), including IP owned outside Canada. Larger firms were more likely to own IP than smaller firms. Specifically, 72.6% of businesses with 500 employees or more owned at least one type of IP, compared with 13.5% of businesses with fewer than 50 employees.
More than half of businesses that owned IP credited it with improving their success in some capacity. The most commonly cited benefit was the increased value that IP brought to businesses (38.7%), such as competitive advantages, reputation and goodwill. Other reported benefits included increased revenue (31.1%), strengthened long-term business prospects (29.7%) and expanded markets (25.8%).
7. CIPO stakeholders
7.1. Overview of CIPO clients
CIPO's clients, which include intellectual property filers such as Canadian small and medium-sized enterprises (SMEs) and innovators, researchers, multinationals and IP agents, are the direct recipients of CIPO's products or services. Almost 70% of CIPO's clients are from outside Canada, with many in the United States, Germany (and the larger European Union) and China. CIPO is typically regarded as an office of second filing, meaning that many of CIPO's clients file with an international IP office before filing with CIPO.
There are different types of applicants for each IP right. The percentage of Canadian applicants varies depending on the IP right in question. For example, 13% of patent applicants at CIPO are Canadian, with the top 10 Canadian filers representing 1.2% of all applications.
Table 1 provides an overview of number of IP applications and rights in force by Canadian clients in the 2019–2020 fiscal year. It also lists the number of quasi-judicial functions CIPO oversaw related to IP rights, such as reviews by the Patent Appeal Board and proceedings at the Trademark Opposition Board.
| IP applications per year | IP rights in force | Quasi-judicial functions | |
|---|---|---|---|
| Patents | 38,000 | 185,000 | 40 Patent Appeal Board decisions |
| Trademarks | 68,000 | 615,000 | 650 oppositions 700 trademark expungement |
| Industrial designs | 7,400 | 41,000 | N/A |
| Copyrights | 8,700 | N/A | N/A |
| Total | 122,100 | 841,000 | 1,390 |
7.2. Stakeholder groups and interested parties
CIPO regularly engages with its partners for feedback on the functioning of the Canadian IP system, to consult on proposed policy and regulatory changes, to consult on changes to processes and practices, to gain support for Canada's position on international issues like harmonization and to consult on service improvements.
For this current consultation process, CIPO will seek opinions from its main stakeholders:
- Domestic stakeholders: law firms, patent and trademark agents, representative and business organizations
- International stakeholders
| Examples of partners | Stakeholder groups and interested parties |
|---|---|
|
Domestic Intellectual Property Institute of Canada Canadian Bar Association |
Canadian representatives or businesses who file for or seek information on IP rights on behalf of clients:
Typically, these important groups interact with CIPO most often when seeking IP rights in Canada as licensed agents, who communicate with CIPO to obtain IP rights. |
|
International International Trademark Association International Federation of Intellectual Property Attorneys |
Organizations not based in Canada but who can file for IP protection internationally (i.e., in Canada) and, therefore, have a stake in the registration system. |
8. Proposed regulatory amendments
Currently, many of CIPO's fees are spread across numerous IP regulations made under their corresponding enabling statues, including the Patent Act, the Trademarks Act, the Industrial Design Act, the Department of Industry Act, the Copyright Act and the Integrated Circuit Topography Act. Each set of rules and regulations contains a schedule with the corresponding fees related to each intellectual property right.
As part of this fee adjustment exercise, the schedule of fees for each set of rules or regulations would be amended.
9. Engagement and implementation
9.1. Consultations
Consultations will be held exclusively online. The fee proposal will be available for 30 days for review and feedback by businesses, domestic and international stakeholders and the general public.
CIPO will also reach out to targeted stakeholders and clients via a contact database. Businesses, domestic and international stakeholders, and the public will be encouraged to provide their feedback through a survey questionnaire or by email to the consultation inbox.
Following the consultation, CIPO will publish a "what we heard" report on its website with a summary of the feedback received, which will be taken into consideration prior to the fee proposal being finalized. In other words, the fee proposal may be amended if feedback from stakeholders is considered significant enough to warrant changes. Proposed regulations would then be pre-published in the Canada Gazette, Part I (for further review and feedback from stakeholders).
9.2. Timeline
CIPO is currently targeting pre-publication in the Canada Gazette, Part I, by June 2022. Comments will be gathered after publication, and the fees will be finalized for publication in the Canada Gazette, Part II, likely in 2023.
Annex A: List of proposed fees
The table 3 panels present the fee names, the current fees and the proposed fees. CIPO proposes to increase most fees by the standard percentage of 25%, with the exception of a few low-materiality fees. Small entity fees for patents will not be subject to a fee increase. See the note about low-materiality fees.
Table 3. Proposed fees
List of fees for patents
Fee in respect of extension of time
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Fee for applying for an extension of time, in respect of each period of time referred to in the application for an extension |
$210.51 |
$263.14 |
Fees respecting applications
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Application fee |
Small entity fee – $210.51
|
Small entity fee – $210.51
|
|
Standard fee – $421.02 |
Standard fee – $526.28 |
|
|
Late fee under subsection 27(7), subsection 27.1(2) or subsection 35(3) of the Patent Act |
$150.00Footnote * |
$150.99Footnote ** |
|
Fee for maintaining an application for a patent in effect, for the dates of each of the 2nd, 3rd and 4th anniversaries of the filing date of the application |
Small entity fee – $50.00Footnote * |
Small entity fee – $50.00 |
|
Standard fee – $100.00Footnote * |
Standard fee – $125.00 |
|
|
Fee for maintaining an application for a patent in effect for the dates of each of the 5th, 6th, 7th, 8th and 9th anniversaries of the filing date of the application |
Small entity fee – $100.00Footnote * |
Small entity fee – $100.00 |
|
Standard fee – $210.51 |
Standard fee – $263.14 |
|
|
Fee for maintaining an application for a patent in effect, for the dates of each of the 10th, 11th, 12th, 13th and 14th anniversaries of the filing date of the application |
Small entity fee – $125.00Footnote * |
Small entity fee -$125.00 |
|
Standard fee – $263.14 |
Standard fee – $328.93 |
|
|
Fee for maintaining an application for a patent in effect, for the dates of each of the 15th, 16th, 17th, 18th and 19th anniversaries of the filing date of the application |
Small entity fee – $236.83 |
Small entity fee – $236.83 |
|
Standard fee – $473.65 |
Standard fee – $592.07 |
|
|
Fee for examination of an application for a patent, if the application for a patent has been the subject of an international search by the Commissioner in the Commissioner's capacity as an International Search Authority |
Small entity fee – $100.00Footnote * |
Small entity fee – $100.00 |
|
Standard fee – $210.51 |
Standard fee – $263.14 |
|
|
Fee for examination of an application for a patent, in any other case |
Small entity fee – $421.02 |
Small entity fee – $421.02 |
|
Standard fee – $842.06 |
Standard fee – $1,052.57 |
|
|
Fee to advance an application for a patent out of its routine order |
$526.29 |
$657.86 |
|
Final fee, basic fee |
Small entity fee – $157.88 |
Small entity fee – $157.88 |
|
Standard fee – $315.77 |
Standard fee – $394.72 |
|
|
For each page of specification and drawings, other than pages of a sequence listing submitted in electronic form, in excess of 100 pages – $6.32 |
For each page of specification and drawings, other than pages of a sequence listing submitted in electronic form, in excess of 100 pages – $7.90 |
|
|
Fee for a notice of allowance to be withdrawn and for an application for a patent to be subject to further examination |
$421.02 |
$526.28 |
|
Fee for reinstatement of an application deemed to be abandoned, in respect of each failure to take an action referred to in the request for reinstatement |
$210.51 |
$263.14 |
Fees in respect of international applications
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Transmittal fee for the performance of the tasks referred to in rule 14 of the Regulations under the Patent Cooperation Treaty (PCT) |
$315.77 |
$394.72 |
|
Search fee for the performance of the tasks referred to in rule 16 of the Regulations under the PCT |
$1,684.12 |
$2,105.15
|
|
Additional fee for conducting a search under article 17(3)(a) of the PCT, in respect of each invention other than the main invention |
$1,684.12 |
$2,105.15 |
|
Preliminary examination fee for the performance of the tasks referred to in rule 58 of the Regulations under the PCT |
$842.06 |
$1,052.57 |
|
Additional fee for an international preliminary examination under article 34(3)(a) of the PCT, in respect of each invention other than the main invention |
$842.06 |
$1,052.57 |
|
Fee for entering national phase in Canada |
Small entity fee – $210.51 |
Small entity fee – $210.51 |
|
Standard fee – $421.02 |
Standard fee – $526.28 |
|
|
Fee for requesting reinstatement of rights under subsection 154(3) of the Patent Rules |
$210.51 |
$263.14 |
|
Additional fee for late payment under subsection 154(4) of the Rules |
$150.00Footnote * |
$150.99Footnote ** |
Fees in respect of patents
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Fee for requesting the correction of an error under subsection 109(1) of the Rules, for each patent referred to in the request for correction |
$210.51 |
$263.14 |
|
Fee for maintaining the rights accorded by a patent in effect, for the dates of each of the 2nd, 3rd and 4th anniversaries of the filing date of the application on the basis of which the patent was granted |
Small entity fee – $50.00Footnote * |
Small entity fee – $50.00 |
|
Standard fee – $100.00Footnote * |
Standard fee – $125.00 |
|
|
Fee for maintaining the rights accorded by a patent in effect, for the dates of each of the 5th, 6th, 7th, 8th and 9th anniversaries of the filing date of the application on the basis of which the patent was granted |
Small entity fee – $100.00Footnote * |
Small entity fee – $100.00 |
|
Standard fee – $210.51 |
Standard fee – $263.14 |
|
|
Fee for maintaining the rights accorded by a patent in effect, for the dates of each of the 10th, 11th, 12th, 13th and 14th anniversaries of the filing date of the application on the basis of which the patent was granted |
Small entity fee – $125.00Footnote * |
Small entity fee – $125.00 |
|
Standard fee – $263.14 |
Standard fee – $328.93 |
|
|
Fee for maintaining the rights accorded by a patent in effect, for the dates of each of the 15th, 16th, 17th, 18th and 19th anniversaries of the filing date of the application on the basis of which the patent was granted |
Small entity fee – $236.83 |
Small entity fee – $236.83 |
|
Standard fee – $473.65 |
Standard fee – $592.07 |
|
|
Fee for maintaining in effect the rights accorded by a patent granted on the basis of a category 1 application, for the dates of each of the 2nd, 3rd and 4rth anniversaries of the day on which the patent was issued |
Small entity fee – $50.00Footnote * |
Small entity fee – $50.00 |
|
Standard fee – $100.00Footnote * |
Standard fee – $125.00 |
|
|
Fee for maintaining in effect the rights accorded by a patent granted on the basis of a category 1 application, for the dates of each of the 5th, 6th, 7th, 8th and 9th anniversaries of the day on which the patent was issued |
Small entity fee – $100.00Footnote * |
Small entity fee – $100.00 |
|
Standard fee – $210.51 |
Standard fee – $263.14 |
|
|
Fee for maintaining in effect the rights accorded by a patent granted on the basis of a category 1 application, for the dates of each of the 10th, 11th, 12th, 13th and 14th anniversaries of the day on which the patent was issued |
Small entity fee – $125.00Footnote * |
Small entity fee – $125.00 |
|
Standard fee – $263.14 |
Standard fee – $328.93 |
|
|
Fee for maintaining in effect the rights accorded by a patent granted on the basis of a category 1 application, for the dates of each of the 15th and 16th anniversaries of the day on which the patent was issued |
Small entity fee – $236.83 |
Small entity fee – $236.83
|
|
Standard fee – $473.65 |
Standard fee – $592.07 |
|
|
Late fee under subsection 46(2) of the Act |
$150.00Footnote * |
$150.99Footnote ** |
|
Additional fee under subparagraph 46(5)(iii) of the Act |
$210.51 |
$263.14
|
|
Fee for filing an application to reissue a patent |
$1,684.12 |
$2,105.15 |
|
Fee for making a disclaimer to a patent |
$100.00Footnote * |
$125.00 |
|
Fee for re-examination of 1 or more claims of a patent |
Small entity fee – $1,052.57 |
Small entity fee – $1,052.57 |
|
Standard fee – $2,105.14 |
Standard fee – $2,631.43 |
|
|
Fee for presenting an application under section 65 or 127 of the Act |
For the 1st patent or certificate of supplementary protection to which the application relates - $2,631.43 |
For the 1st patent or certificate of supplementary protection to which the application relates - $3,289.28 |
|
For each additional patent or certificate to which the application relates – $263.14 |
For each additional patent or certificate to which the application relates – $328.93 |
|
|
Fee to advertise an application under section 65 or 127 of the Act on the CIPO website |
$210.51 |
$263.14 |
|
Fee for requesting the registration of a document relating to a patent or an application for a patent, for each patent or application for a patent to which the document relates |
$100.00Footnote * |
$125.00 |
|
Fee for requesting the recording of a change of name, for each patent or application for a patent to which the change of name relates |
$100.00Footnote * |
$125.00 |
|
Fee for requesting that a transfer be recorded under section 49 of the Act, for each patent or application for a patent to which the transfer relates |
$100.00Footnote * |
$125.00 |
|
Fees for requesting a certified copy in paper |
For each certification - $35.00Footnote * |
For each certification - $43.75 |
|
For each page – $1.00Footnote * |
For each page – $1.25 |
|
|
Fees for requesting a certified copy in electronic form |
For each certification - $35.00Footnote * |
For each certification - $43.75 |
|
For each patent or application to which the request relates – $10.00Footnote * |
For each patent or application to which the request relates – $12.50 |
|
|
Fee for requesting a non-certified copy in paper form, for each page |
If the person requesting makes the copy using Patent Office equipment – $0.50Footnote * |
If the person requesting makes the copy using Patent Office equipment – $0.63 |
|
If the Patent Office makes the copy – $1.00Footnote * |
If the Patent Office makes the copy – $1.25 |
|
|
Fees for requesting a non-certified copy in electronic form |
For each request – $10.00Footnote * |
For each request – $12.50 |
|
For each patent or application for a patent to which the request relates – $10.00Footnote * |
For each patent or application for a patent to which the request relates – $12.50 |
|
|
If the copy is requested on more than 1 physical medium, for each additional physical medium requested – $10.00Footnote * |
If the copy is requested on more than 1 physical medium, for each additional physical medium requested – $12.50 |
|
|
Fee for requesting that the Patent Office provide information concerning the status of a patent or an application for a patent, for each patent or application for a patent – $15.00Footnote * |
Fee for requesting that the Patent Office provide information concerning the status of a patent or an application for a patent, for each patent or application for a patent – $18.75 |
List of fees for trademarks
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Fee for an application for an extension of time under section 47 of the Trademarks Act, for each act for which the extension is sought |
$125.00Footnote * |
$150.99Footnote ** |
|
Fees for an application for the registration of a trademark, if the application and the fee are submitted online through the CIPO website |
For the 1st class of goods or services to which the application relates – $347.35 |
For the 1st class of goods or services to which the application relates – $434.19 |
|
For each additional class of goods or services to which the application relates as of the filing date – $105.26 |
For each additional class of goods or services to which the application relates as of the filing date – $131.58 |
|
|
Fees for an application for the registration of a trademark, if the application and the fee are submitted through any other means |
For the 1st class of goods or services to which the application relates – $452.60 |
For the 1st class of goods or services to which the application relates – $565.75 |
|
For each additional class of goods or services to which the application relates as of the filing date – $105.26 |
For each additional class of goods or services to which the application relates as of the filing date – $131.58 |
|
|
Fee for the request for the recording of a transfer of 1 or more applications for the registration of a trademark under subsection 48(3) of the Act, for each application |
$100.00Footnote * |
$125.00 |
|
Fee for the request for the registration of a transfer of 1 or more registered trademarks under subsection 48(4) of the Act, for each trademark |
$100.00Footnote * |
$125.00 |
|
Fee for filing a statement of opposition under subsection 38(1) of the Act |
$789.43 |
$986.78
|
|
Fees for an application to amend the register under subsection 41(1) of the Act to extend the statement of goods or services in respect of which a trademark is registered |
For the 1st class of goods or services to which the application relates – $452.60 |
For the 1st class of goods or services to which the application relates – $565.75 |
|
For each additional class of goods or services to which the application relates as of the filing date – $105.26 |
For each additional class of goods or services to which the application relates as of the filing date – $131.58 |
|
|
Fee for the request for the giving of 1 or more notices for information under subsection 44(1) of the Act, for each notice requested |
$421.02 |
$526.28 |
|
Fee for the request for the giving of 1 or more notices requiring evidence of use under subsection 45(1) of the Act, for each notice requested |
$421.02 |
$526.28
|
|
Fees for the renewal of the registration of a trademark under section 46 of the Act, if the request and the fee are submitted online through the CIPO website |
For the 1st class of goods or services to which the request for renewal relates – $421.02 |
For the 1st class of goods or services to which the request for renewal relates – $526.28 |
|
For each additional class of goods or services to which the request for renewal relates – $131.58 |
For each additional class of goods or services to which the request for renewal relates – $164.47
|
|
|
Fees for the renewal of the registration of a trademark under section 46 of the Act, if the request and the fee are submitted through any other means |
For the 1st class of goods or services to which the request for renewal relates – $526.29 |
For the 1st class of goods or services to which the request for renewal relates – $657.86 |
|
For each additional class of goods or services to which the request for renewal relates – $131.58 |
For each additional class of goods or services to which the request for renewal relates – $164.47
|
|
|
Fee for the issuance of a certificate of registration of a trademark under item 15 of the Tariff of Fees of the former Trade-marks Regulations for applications with a filing date prior to June 17, 2019 |
$210.51 |
$263.14
|
|
Fees for the provision of a certified copy in paper form |
For each certification – $35.00Footnote * |
For each certification – $43.75 |
|
For each page – $1.00Footnote * |
For each page – $1.25 |
|
|
Fees for the provision of a certified copy in electronic form |
For each certification – $35.00Footnote * |
For each certification – $43.75 |
|
For each trademark to which the request relates – $10.00Footnote * |
For each trademark to which the request relates – $12.50 |
|
|
Fee for the provision of a non-certified copy in paper form, for each page |
If the user makes the copy using CIPO's equipment – $0.50Footnote * |
If the user makes the copy using CIPO's equipment – $0.63 |
|
If CIPO makes the copy – $1.00Footnote * |
If CIPO makes the copy – $1.25 |
|
|
Fees for the provision of a non-certified copy in electronic form |
For each request – $10.00Footnote * |
For each request – $12.50 |
|
For each trademark to which the request relates – $10.00Footnote * |
For each trademark to which the request relates – $12.50 |
|
|
If the copy is requested on a physical medium, for each medium provided other than the 1st – $10.00Footnote * |
If the copy is requested on a physical medium, for each medium provided other than the 1st – $12.50 |
List of fees for geographical indications
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Fee for processing a request that a geographical indication be entered on Canada's list of geographical indications |
$484.08 |
$605.10
|
|
Fee for the filing of a statement of objection under subsection 11.13(1) of the Act |
$1,052.57 |
$1,315.71
|
List of fees for official marks
|
Fee name |
Current fee |
Proposed fee (25%) |
|
Fee for a request for the giving of a public notice under paragraph 9(1)(n) or (n.1) of the Act, for each badge, crest, emblem, mark or armorial bearing |
$526.29 |
$657.86
|
List of fees for copyrights
|
Fee name |
Current fee |
Proposed fee (25%) |
|
An application for registration of a copyright, under section 55 or section 56 of the Copyright Act, where the request and fee are submitted |
Online through CIPO's website – $50.00Footnote * |
Online through CIPO's website – $62.50 |
|
Through any other means - 65.00Footnote * |
Through any other means – $81.25 |
|
|
Accepting for registration an assignment or licence of a copyright under section 57 of the Act |
$65.00Footnote * |
$81.25 |
|
Processing a request for accelerated action on an application for registration of a copyright or for registration of an assignment, licence or other document |
$65.00Footnote * |
$81.25 |
|
Correcting a clerical error in any instrument of record including, without further fee, issuing a corrected certificate of registration of copyright, under section 61 of the Act |
Online through CIPO's website – $50.00Footnote * |
Online through CIPO's website – $62.50 |
|
Through any other means – $65.00Footnote * |
Through any other means – $81.25 |
|
|
Processing a request to include in the register of copyrights any other document affecting a copyright |
Online through CIPO's website – $50.00Footnote * |
Online through CIPO's website – $62.50 |
|
Through any other means – $65.00Footnote * |
Through any other means – $81.25 |
|
|
Providing a certified copy in paper form of a document, other than a certified copy made under rule 318 or 350 of the Federal Courts Rules |
For each certification - $35.00Footnote * |
For each certification - $43.75 |
|
Plus, for each page – $1.00Footnote * |
Plus, for each page – $1.25 |
|
|
Providing a certified copy in electronic form of a document, other than a certified copy made under rule 318 or 350 of the Federal Courts Rules |
For each certification – $35.00Footnote * |
For each certification – $43.75 |
|
Plus, for each copyright to which the request relates – $10.00Footnote * |
Plus, for each copyright to which the request relates – $12.50 |
|
|
Providing a copy in paper form of a document, for each page where the user of the service makes the copy using Office equipment |
$0.50Footnote * |
$0.63 |
|
Providing a copy in paper form of a document, for each page where the Office makes the copy |
$1.00Footnote * |
$1.25 |
|
Providing a copy in electronic form of a document |
For each request – $10.00Footnote * |
For each request – $12.50 |
|
Plus, if the copy is requested on a physical medium, for each physical medium requested in addition to the 1st – $10.00Footnote * |
Plus, if the copy is requested on a physical medium, for each physical medium requested in addition to the 1st – $12.50 |
|
|
Plus, for each copyright to which the request relates – $10.00Footnote * |
Plus, for each copyright to which the request relates – $12.50 |
List of fees for industrial designs
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Basic fee for the examination of an application |
$430.30 |
$537.87
|
|
Additional fee, for each page of the representation in excess of 10 pages |
$10.75 |
$13.44
|
|
Fee for the maintenance of the exclusive right accorded by the registration of a design under subsection 33(2) or (3) |
$376.50 |
$470.63 |
|
Additional late fee for the maintenance of the exclusive right accorded by the registration of a design under subsection 33(3) |
$50.00Footnote * |
$62.50 |
|
Fee for the recording or registering of a transfer under section 13 of the Industrial Design Act, for each application or registration to which the transfer relates |
$100.00Footnote * |
$125.00 |
|
Fee for the provision of a paper copy of a document, for each page |
If the user makes the copy using CIPO's equipment – $0.50Footnote * |
If the user makes the copy using CIPO's equipment – $0.63 |
|
If CIPO makes the copy – $1.00Footnote * |
If CIPO makes the copy – $1.25 |
|
|
Fee for the provision of an electronic copy of a document |
For each request – $10.00Footnote * |
For each request – $12.50 |
|
For each application and/or registration to which the request relates – $10.00Footnote * |
For each application and/or registration to which the request relates – $12.50 |
|
|
If the copy is requested on a physical medium, for each medium provided other than the 1st – $10.00Footnote * |
If the copy is requested on a physical medium, for each medium provided other than the 1st – $12.50 |
|
|
Fee for the provision of a certified paper copy of a document, other than a certified copy made under rule 318 or 350 of the Federal Courts Rules |
For each certification – $35.00Footnote * |
For each certification – $43.75 |
|
For each page – $1.00Footnote * |
For each page – $1.25 |
|
|
Fee for the provision of a certified electronic copy of a document, other than a certified copy made under rule 318 or 350 of the Federal Courts Rules |
For each certification – $35.00Footnote * |
For each certification – $43.75 |
|
For each application or registration to which the request relates – $10.00Footnote * |
For each application or registration to which the request relates – $12.50 |
|
|
Fee for the reinstatement of an abandoned application |
$215.14 |
$268.93 |
|
Fee for processing a request to advance the examination of an application |
$537.87 |
$672.33 |
|
Fee for delaying the registration of a design |
$100.00Footnote * |
$125.00 |
List of fees for integrated circuit topographies
| Fee name | Current fee | Proposed fee |
|---|---|---|
|
Filing an application |
$215.14 |
$268.93
|
|
Amending an application in accordance with a request made pursuant to subsection 20(1) of the Integrated Circuit Topographies Regulations |
$75.00Footnote * |
$93.75 |
|
Entering in the register particulars of a transfer of an interest or grant of a licence affecting a registered topography pursuant to subsection 21(1) of the Integrated Circuit Topographies Act |
$75.00Footnote * |
$93.75 |
|
Amending an entry in the register or making a new entry therein pursuant to subsection 21(2) of the Act |
$75.00Footnote * |
$93.75 |
|
Amending a certificate of registration or issuing a new certificate, pursuant to subsection 19(4) of the Act, for the purpose of correcting a typographical or clerical error made as a result of incorrect information supplied by the applicant |
$75.00Footnote * |
$93.75 |
|
Providing a copy of a document, of entries in or extracts from the register, or of any material referred to in section 26 of the Regulations, for each page measuring 21.5 cm x 28 cm (8 1/2 inches x 11 inches) or less |
$5.00Footnote * |
$6.25 |
|
Providing a certified copy of a document referred to in subsection 15(2) of the Act, other than a certified copy made under rule 318 or 350 of the Federal Courts Rules |
$50.00Footnote * |
$62.50 |
Annex B: International comparison
CIPO's fees are not aligned with those of its international counterparts, who have more recently adjusted their fees. This comparison looks at rates of IP offices in the United Kingdom, the United States, the European Union, Japan and Australia as comparators because these countries provide similar services to market-based economies that resemble the situation in Canada.
Although other offices offer similar IP rights to applicants, in some cases, there are differences in the ways that fees are structured. To illustrate these differences, table 4 compares fees from filing to registration or to granting, depending on the IP right, in Canada with some comparable trading partners. As the table shows, Canada's fees are generally lower than those of its major trading partners. The table also indicates the year of the most recent fee adjustments for each IP office.
Table 4: Comparison of international fees (CAD)
|
|
Canada |
US |
EU |
UK |
Japan |
Australia |
|---|---|---|---|---|---|---|
|
Patents |
$6,414 |
$20,943 |
$41,908 |
$8,536 |
$9,242 |
$15,192 |
|
Trademarks |
$337 |
$445 |
$1,220 |
$292 |
$440 |
$368 |
|
Industrial designs |
$417 |
$2,237 |
Not applicable |
Not applicable |
$175 |
$616 |
|
Last fee adjustment |
2004 |
2021 |
EUIPO: 2016 |
2018 |
2019 |
2020 |
Notes: In Canada, although the last comprehensive review of fees was in 2004, some fees were recently adjusted as a consequence of treaty obligations and to modernize administration. In the US, trademark fees were increased in January 2021. In the UK, there was a temporary fee change in 2020 in response to COVID-19 to provide relief to IP right holders. Fees represent standard fees (i.e., not discounted fees for early filing or small enterprises). In cases where online and paper filing fees differ, the fee for online filing was used. All Canadian fees are based on CIPO's 2021 fees. All international fees were converted to Canadian dollars (CAD) at the foreign exchange (FX) rates on January 4, 2022.
- Patents: Fee amounts are the total of fees for application, search, exam, grant and maintenance for up to 20 years. Patent annuities for Japan are available for up to 25 years, compared with 20 years in other countries.
- Trademarks: Fee amounts reflect only one class and include application fees and registration fees, where applicable.
- Industrial designs: Fee amounts represent fees for application as well as fees for search exam and registration, where applicable. Canada and the US allow registration of design rights for 15 years, while IP Australia allows registration for a maximum of 10 years and the JPO allows for renewal for up to 25 years. Europe and the UK are not included in the comparison of industrial design fees because they do not conduct substantive examination of industrial design applications unlike Canada does.