Archived — Pre-Consultation Notice: CIPO Fee Review

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Consultation update

CIPO received the following feedback during the July 7, 2010 to September 7, 2010 consultation period:

Important notice: Please note that access to this section is provided as a courtesy only. Therefore, comments are in the language in which they were submitted to CIPO.

Consultation period

July 7, 2010 - September 7, 2010

Background

As a Special Operating Agency (SOA) with a revolving fund, CIPO is completely financed through revenues obtained from the provision of intellectual property (IP) services.

The last fee review undertaken by CIPO began in October 2002, with the release of CIPO Fee Review: Strategy and Rationale for Changes. This fee review was to better align fees to increased service levels and to introduce fees for the new International Searching Authority and International Preliminary Examining Authority service. Following a consultation period, the revised fee structure was put in place in January 2004. A commitment was also made at this to move to a more regular examination of fees.

Fee Review

CIPO is now embarking on a new fee review with implementation by 2012-2013.

Like all intellectual property offices, CIPO faces challenges posed by the changing global environment in which the IP system functions. A key outcome of this review will therefore be a fee structure that enhances CIPO's capacity to deal with these issues and ensures that Canada's IP system remains fit for purpose into the future.

Consultation

CIPO recognizes the importance of the needs and views of its clients and the public. CIPO would appreciate receiving your views on areas to consider for change and adjustment and any factors that would be useful to consider as the review process gets underway.

At a later stage, all proposed changes to the fees that may emerge from the review will also be open for consultation with all stakeholders with an interest in CIPO's fees. A consultation document will be made available that provides the rationale behind any proposed fees and service standards. It will also explain the fee strategy and costing methodology used to set the proposed fees and service standards

Comments

Federal departments and agencies establish and revise fee levels within their respective fee environments given that every pricing exercise requires due consideration for its particular, and potentially unique, set of factors. In this regard, please consider the following factors before submitting your comments:

  • The fee structure must respect existing statutes and legislative requirements as well as the accountability, oversight, and transparency demanded by the User Fees Act;
  • CIPO's fee structure must be responsive to needs of both national and international clients;
  • The fee structure should foster an environment in which quality intellectual property is the norm and which effectively assists small- and medium-sized enterprises doing business in Canada to add value to their businesses through the use of IP assets and information; and,
  • A fee structure review must be flexible to ensure that it remains sensitive and responsive to changing circumstances and economic fluctuations.

CIPO would also value your comments on the following criteria which CIPO used in the 2002-2004 fee review to assist in guiding its decisions on establishing fees. Specifically, it would be useful to receive perspectives on whether any of these criteria should be modified or if there new criteria that should be considered.

  • Fees are established at levels to reasonably provide resources to be able to process actions in accordance with established service standards.
  • CIPO generally aims to spread fees over each stage of processing in a manner that takes into account its costs of processing applications and that allows clients to decide whether to proceed to the next stage, given their assessment of the benefits of proceeding relative to the costs involved.
  • Recognizing that benefits to IP rights may only accrue to the owner over a period of time, CIPO's fee structure is designed to recover its costs over the life cycle involved.
  • CIPO's fee structure and fee levels take into account international norms for similar activities in other jurisdictions.
  • Some fees may be structured to improve efficiency, to encourage complete applications or the use of alternative service delivery channels such as electronic filing, or to recognize the unique position of small businesses.

Please submit comments by September 7, 2010 by email to the attention of the Director of Policy and International Relations, Konstantinos Georgaras, by fax at 819-997-5052, or by regular mail to the following address:

Canadian Intellectual Property Office
Attention: Konstantinos Georgaras
50 Victoria Street
Place du Portage II
Gatineau QC K1A 0C9

Thank you for your participation and interest in this matter.

Mary Carman
Commissioner of Patents, Registrar of Trademarks and Chief Executive Officer