Client Service Standards

From: Canadian Intellectual Property Office

The Canadian Intellectual Property Office's (CIPO) service standards reflect the level of service we commit to providing our clients. These standards reinforce government accountability and increase predictability for clients.

The standards displayed on this page relate to CIPO services for which clients must pay a fee. They are distinct from CIPO's performance targets, which are not always associated with a fee.

List of service standards

The following tables present the service standards for all CIPO fees.

Patents
Trademarks
Copyright
Industrial Design
Integrated Circuit Topography

Note: By April 1, 2021 , all departments and agencies are required to establish a remission policy for fees that are subject to section 7 of the Service Fees Act.

In accordance with the Innovation, Science and Economic Development Canada Remission Policy and the CIPO Program Annex, CIPO is required to remit a portion of a fee, also known as a remission, when a service standard is determined not to have been met and a remission is warranted.

Clients cannot apply for a remission. Should CIPO determine that the service standard associated with a fee has not been met and a remission is warranted^{Footnote *}, CIPO will inform the authorized correspondent of the portion of the fee to be remitted based on the degree to which the service standard was not met (e.g., missed by 50% or less, or more than 50%). In the case of fees paid by a third party not acting on behalf of the applicant or rightsholder, the remission letter and remission will be sent to them.

Clients will have the opportunity to refuse remissions within 1 month from the date of the correspondence.

Services for which the fee is eligible for a remission are marked with an asterisk (*) in the table below.

Visit the CIPO remissions page to learn more about our processes and procedures.

Patents
Fee	Item in Schedule 2 of Patent Rules	Service Standard (as of April 1, 2023 )
Fee for applying for an extension of time^{Footnote **}	1	CIPO will send a decision to the request within 2 months of receipt of a compliant request and payment of the prescribed fee.
Application fee^{Footnote **}	6	CIPO will send an acknowledgement of receipt within 9 weeks of payment of the prescribed fee.
Late fee (application fee)	7	CIPO will send an acknowledgement of receipt within 9 weeks of payment of the prescribed fee.
Maintenance fee (patent application)^{Footnote ***}	8	CIPO will update the status on the Canadian Patent Database (CPD) as follows: within 2 weeks for payments made using the patent maintenance fee electronic payment service; within 9 weeks for payments made using other payment options.
Late fee (Maintenance fee for patent application)	9	CIPO will send an acknowledgement of receipt within 9 weeks of payment of the prescribed fee.
Request for examination fee^{Footnote ***}	10	CIPO will send: an examiner's requisition under subsection 86(2) of the Patent Rules or a conditional notice of allowance under subsection 86(1.1) of the Patent Rules within 24 months of receipt of a compliant request and payment of the prescribed fee, if the examiner identifies defects in the application, or a notice of allowance under subsection 86(1) of the Patent Rules within 24 months of receipt of a compliant request and payment of the prescribed fee
Late fee (request for examination)	11	CIPO will send an acknowledgement of receipt within 5 weeks of payment of the prescribed fee.
Advanced examination fee^{Footnote **}	12	CIPO will send an office action within 7 months of receipt of a compliant request and payment of the prescribed fee.
Request for continued examination fee^{Footnote **}	13	CIPO will send an acknowledgement of request for continued examination within 5 weeks of receipt of a compliant request and payment of the prescribed fee.
Final fee^{Footnote **}	14	In response to a notice of allowance, CIPO will send a Grant Certificate: if the payment of the final fee is unconditional, within 16 weeks of receipt of a compliant response and payment of the prescribed fee if the payment of the final fee is conditional (such as recordal of transfers, changes of name, corrections, etc.), upon receipt of a compliant response and payment of the prescribed fee within 16 weeks after completing those conditions In response to a conditional notice of allowance, CIPO will send a Grant Certificate: if the payment of the final fee is unconditional, within 16 weeks of receipt of a compliant response and payment of the prescribed fee if the payment of the final fee is conditional (such as recordal of transfers, changes of name, corrections, etc.), upon receipt of a compliant response and payment of the prescribed fee within 16 weeks after completing those conditions
Reinstatement fee - On requesting reinstatement of an application deemed abandoned under paragraphs 73(1)(a), (b) or (e) or subsection 73(2) of the Patent Act^{Footnote } Reinstatement fee (Due care required) - On requesting reinstatement of an application deemed abandoned under paragraphs 73(1)(c) or (d) of the Patent Act^{Footnote }	15	CIPO will send an acknowledgement of reinstatement of the patent application within 2 months of receipt of a compliant request and payment of the prescribed fee. CIPO will send the Commissioner's intended determination regarding the request to reinstate a patent application within 6 months of receipt of a compliant request and payment of the prescribed fee.
International - Transmittal fee Under Rules 14 and 22 of the Regulations under the PCT^{Footnote **}	16	CIPO (as a receiving Office) will transmit the record copy prior to the expiration of the 13th month from the priority date. Such transmittal shall be effected promptly after receipt of the international application. This is a PCT regulated item.
International - Search fee Under Rules 16 and 42 of the Regulations under the PCT^{Footnote **}	17	Except as noted below, CIPO (as International Searching Authority) will provide a written opinion and an international search report or a Non-Establishment of International Search Report, within the later of 3 months from receiving the search copy or 9 months from the priority date. However, when a PCT/ISA/206 (Invitation to Pay Additional Fees under PCT Article 17(3)(a) and rules 40.1 and 40.2(e)) or a PCT/ISA/225 (Invitation to Furnish Nucleotide and/or Amino Acid Sequence Listing and to Pay, Where Applicable, Late Furnishing Fee) has been issued, CIPO (as International Searching Authority) will provide a written opinion and an international search report or a Declaration of Non-Establishment of International Search Report, within the later of 5 months from receiving the search copy or 11 months from the priority date. This is a PCT regulated item.
International - Additional fee where there is a lack of unity Under Rule 40 of the Regulations under the PCT^{Footnote **}	18	CIPO (as International Searching Authority) will provide a written opinion and an international search report or a Declaration of Non-Establishment of International Search Report, within 9 months of the payment of the additional search fees.
International - Preliminary examination fee Under Rules 58 and 69 of the Regulations under the PCT^{Footnote **}	19	CIPO (as International Preliminary Examining Authority) will provide an international preliminary examination report, within the later of 6 months from the receipt of a complete demand and the fees required under PCT Rule 69.1(a) (handling fee, preliminary examination fee, and any applicable late fees), or where applicable, the date fixed under PCT Rule 69.1(e) for receipt of amendments indicated with the demand; or 28 months from the priority date unless the applicant has requested a delayed start under PCT Rule 54bis.1(a). If the applicant has requested a delayed start, then CIPO (as International Preliminary Examining Authority) will provide an international preliminary examination report 6 months from the expiration of the later of 22 months from the priority date or 3 months from the date of transmittal to the applicant of the international search report and of the written opinion established under Rule 43bis.1, or the declaration by the International Searching Authority referred to in Article 17(2)(a). This is a PCT regulated item.
International – Additional preliminary examination fee Under Rule 68.3 of the Regulations under the PCT^{Footnote **}	20	CIPO (as International Preliminary Examining Authority) will provide an international preliminary examination report, within the later of 6 months from the receipt of a complete demand and the fees required under PCT Rule 69.1(a) (handling fee, preliminary examination fee, and any applicable late fees), or where applicable, the date fixed under PCT Rule 69.1(e) for receipt of amendments indicated with the demand; or 28 months from the priority date unless the applicant has requested a delayed start under PCT Rule 54bis.1(a). If the applicant has requested a delayed start, then CIPO (as International Preliminary Examining Authority) will provide an international preliminary examination report 6 months from the expiration of the later of 22 months from the priority date or 3 months from the date of transmittal to the applicant of the international search report and of the written opinion established under Rule 43bis.1, or the declaration by the International Searching Authority referred to in Article 17(2)(a). This is a PCT regulated item.
International - Additional fee for late payment Under Rules 16bis and 58bis.2 of the Regulations under the PCT^{Footnote **}		CIPO (as a receiving Office or as an International Preliminary Examining Authority) will send an acknowledgement of receipt (form PCT/RO/102) within 5 weeks of payment of the prescribed fee.
Basic national fee (PCT national phase entry)^{Footnote **}	21	CIPO will send an acknowledgement of national entry within 9 weeks of receipt of a compliant request and payment of the prescribed fee.
Fee for reinstatement of rights (PCT national phase entry after 30 months)^{Footnote **}	22	CIPO will send an acknowledgement of national entry within 9 weeks of receipt of a compliant request and payment of the prescribed fee.
Additional fee for late payment (PCT national phase entry)	23	CIPO will send an acknowledgement of national entry within 9 weeks of receipt of a compliant request and payment of the prescribed fee.
Fee for requesting a correction of an error under s109(1) of the Patent Rules^{Footnote **}	24	CIPO will send a response within 3 months of receipt of a compliant request and payment of the prescribed fee.
Maintenance fee (patent)^{Footnote ***}	25	CIPO will update the status on the Canadian Patent Database (CPD) as follows: within 2 weeks for payments made using the patent maintenance fee electronic payment service; within 9 weeks for payments made using other payment options.
Late fee (maintenance fee for a patent)	26	CIPO will send an acknowledgement of receipt within 9 weeks of payment of the prescribed fee.
Additional fee (Due care required) - On requesting reversal of deemed expiry of a patent under subparagraph 46(5)(a)(iii) of the Patent Act^{Footnote **}	27	CIPO will send the Commissioner's intended determination regarding the request to reverse the deemed expiry of a patent within 6 months of receipt of a compliant request and payment of the prescribed fee.
Reissue fee^{Footnote **}	28	CIPO will send a Commissioner's letter or have a patent re-issued within 17 months.
Disclaimer fee	29	CIPO will acknowledge receipt within 1 month of receipt of a compliant request and payment of the prescribed fee.
Fee for re-examination of one or more claims of a patent^{Footnote **}	30	CIPO will issue a confirmation of appointment of re-examination board and send a copy of the re-examination request (if applicable) within 11 weeks of receipt of a compliant request and payment of the prescribed fee.
Fee for presenting an application Under section 65 or 127 of the Patent Act^{Footnote **}	31	CIPO will send an acknowledgement of receipt within 7 weeks of receipt of a compliant application and payment of the prescribed fee(s).
Fee to advertise an application on CIPO's website Under section 65 or 127 of the Patent Act^{Footnote **}	32	CIPO will advertise an application on CIPO's website within 2 months of receipt of a compliant request and payment of the prescribed fee.
Fee for registration of a document	33	CIPO will send a registration certificate within 9 weeks of receipt of a compliant request and payment of the prescribed fee.
Fee for recordal of a change of name Under section 49 of the Patent Act	34	CIPO will send a recordal certificate within 9 weeks of receipt of a compliant request and payment of the prescribed fee.
Fee for recordal of a transfer Under section 49 of the Patent Act	35	CIPO will send a recordal certificate within 9 weeks of receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy on paper	36	CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.
Providing a certified copy in electronic form	37	CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.
Providing a copy on paper	38	CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.
Providing a copy in electronic form	39	CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.
Providing a copy	40	CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.
Maintenance fee (patent)^{Footnote ***}	Item 1 of Schedule 3 (not found in Schedule 2)	CIPO will update the status on the Canadian Patent Database (CPD) as follows: within 2 weeks for payments made using the patent maintenance fee electronic payment service; within 9 weeks for payments made using other payment options.

Trademarks
Fee	Item in Schedule of Trademarks Regulations	Service Standard (as of April 1, 2023 )
Application for an extension of time	1	CIPO will process electronic requests and send the decision to the client within 2 weeks of receipt of a compliant request and payment of the prescribed fee. CIPO will process paper requests and send the decision to the client within 8 weeks of receipt of a compliant request and payment of the prescribed fee. Under exceptional circumstances and for retroactive requests CIPO will process electronic requests and send the decision to the client within 5 weeks upon receipt of compliant request and payment of the prescribed fee. CIPO will process paper requests and send the decision to the client within 8 weeks upon receipt of a compliant request and payment of the prescribed fee.
Request for giving public notice for a badge, crest, emblem, mark or armorial bearing^{Footnote **}	6	CIPO will send a receipt of request within 8 weeks upon receipt of a compliant paper request and payment of the prescribed fee.
Application for the registration of a trademark - Online^{Footnote **}	7a	CIPO will send a filing notice within 2 weeks upon receipt of an electronic application that meets filing requirements and payment of the prescribed fee.
Application for the registration of a trademark - Paper^{Footnote **}	7b	CIPO will send a filing notice within 8 weeks upon receipt of a paper application that meets the filing requirements and payment of the prescribed fee.
Transfer of an application for the registration of a trademark	8	CIPO will send a confirmation of amendment within 8 weeks upon receipt of a compliant paper request and payment of the prescribed fee.
Forward a copy of statement of opposition^{Footnote **}	9	CIPO will process and assess electronic requests and forward a copy of the statement of opposition to the applicant within 1 month upon receipt of a compliant request and payment of the prescribed fee. CIPO will process and assess paper requests and forward a copy of the statement of opposition to the applicant within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Application to extend the statement of goods or services of a trademark registration^{Footnote **}	10	CIPO will send a filing notice within 8 weeks upon receipt of a paper application that meets the filing requirements and payment of the prescribed fee.
Request for the giving of a notice under subsection 44(1) of the Act^{Footnote **}	11	CIPO will send an acknowledgement of receipt within 1 month upon receipt of a compliant request and payment of the prescribed fee.
Transfer of a registered trademark	12	CIPO will send a confirmation of amendment within 8 weeks upon receipt of a compliant paper request and payment of the prescribed fee.
Request for the giving of a notice under subsection 45(1) of the Act^{Footnote **}	13	CIPO will process the electronic request and send the section 45 notice to the registered owner within 2 weeks upon receipt of a compliant request and payment of the prescribed fee. CIPO will process the paper request and send the section 45 notice to the registered owner within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Renewal of a registered trademark - Online^{Footnote **}	14a	CIPO will send a certificate of renewal within 2 weeks upon receipt of an electronic request that meets the renewal requirements and payment of the prescribed fee.
Renewal of a registered trademark - Paper^{Footnote **}	14b	CIPO will send a certificate of renewal within 8 weeks upon receipt of a paper request that meets the renewal requirements and payment of the prescribed fee.
Forward a copy of statement of objection^{Footnote }**	15	CIPO will process requests and forward a copy of the statement of objection to the applicant within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy on paper	16	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy in electronic form	17	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a copy on paper	18	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a copy in electronic form	19	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Issuance of a certificate of registration of a trademark under item 15 of the Tariff of Fees of the former Trade-marks Regulations^{Footnote **}	Subsection 154(1) of the Trademarks Regulations	CIPO will send a registration certificate within 2 weeks upon receipt of an electronic request that meets the registration requirements and payment of the prescribed fee. CIPO will send a registration certificate within 8 weeks upon receipt of a paper request that meets the registration requirements and payment of the prescribed fee.
Request for protection of a geographical indication^{Footnote **}	Subsection 18(1) of the Department of Industry Act	CIPO will send a receipt of request within 8 weeks upon receipt of a compliant paper request and payment of the prescribed fee.

Copyright
Fee	Item in Schedule of Copyright Regulations	Service Standard (as of April 1, 2023 )
Accepting an application for the registration of a copyright in a work — Online	1(a)(i)	CIPO will send a certificate of registration of copyright within 7 business days upon receipt of a compliant application submitted online and payment of the prescribed fee.
Accepting an application for the registration of a copyright in a work - Paper	1(a)(ii)	CIPO will send a certificate of registration of copyright within 1 month upon receipt of a compliant paper application and payment of the prescribed fee.
Accepting an application for the registration of a copyright in subject-matter other than works - Online	1(b)(i)	CIPO will send a certificate of registration of copyright within 7 business days upon receipt of a compliant application submitted online and payment of the prescribed fee.
Accepting an application for the registration of a copyright in subject matter other than works - Paper	1(b)(ii)	CIPO will send a certificate of registration of copyright within 1 month upon receipt of a compliant paper application and payment of the prescribed fee.
Accepting for registration an assignment or licence	2	CIPO will send a certificate of registration of assignment or licence within 1 month upon receipt of a compliant request and payment of the prescribed fee.
Processing a request for accelerated action	3	CIPO will process the request within 7 business days from the receipt of a compliant request and payment of the prescribed fee.
Correcting a clerical error not committed by CIPO - Online	4(a)	CIPO will send a corrected certificate of registration or a certificate of registration of a document affecting a copyright within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Correcting a clerical error not committed by CIPO - Paper	4(b)	CIPO will send a corrected certificate of registration or a certificate of registration of a document affecting a copyright within 1 month upon receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy on paper	5	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy in electronic form	6	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a copy on paper	7	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a copy in electronic form	8	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Industrial Design
Fee	Item in Schedule of Industrial Design Regulations	Service Standard (as of April 1, 2023 )
Examination of an application^{Footnote **}	1	CIPO will send a first action (allowance without a report) or a first report within 21 months from filing date of the application. CIPO will send a first action (allowance without a report) or a first report within 21 months from the date of receipt of the divisional application.
Maintenance of the exclusive right accorded by the registration of a design^{Footnote **}	2	CIPO will send a confirmation of maintenance within 2 weeks upon receipt of an online request and payment of the prescribed fee, or within 8 weeks, upon receipt of a paper request and payment of the prescribed fee.
Late fee for the maintenance of the exclusive right accorded by the registration of a design	3	CIPO will send a confirmation of maintenance within 2 weeks upon receipt of an online request and payment of the prescribed fee, or within 8 weeks, upon receipt of a paper request and payment of the prescribed fee.
Recording or registering of a transfer	4	CIPO will send a confirmation of transfer within 1 month upon receipt of a compliant request and payment of the prescribed fee.
Providing a copy on paper	5	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a copy in electronic form	6	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy on paper	7	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy in electronic form	8	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Reinstatement of an abandoned application^{Footnote **}	9	CIPO will send a confirmation of reinstatement within 1 month upon receipt of a compliant request and payment of the prescribed fee.
Processing a request to advance the examination of an application^{Footnote **}	10	CIPO will send a first action (allowance without a report) or a first report within 12 months from the filing date of the application upon receipt of a compliant request and payment of the prescribed fee. CIPO will send a first action (allowance without a report) or a first report within 12 months from the date of receipt of the divisional application upon receipt of a compliant request and payment of the prescribed fee.
Delaying of registration	11	CIPO will send a confirmation of delay of registration within 1 month upon receipt of a compliant request and payment of the prescribed fee.

Integrated Circuit Topography
Fee	Item in Schedule of Integrated Circuit Topography Regulations	Service Standard (as of April 1, 2023 )
Filing an application^{Footnote **}	1	CIPO will send a certificate of registration within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Amending an application	2	CIPO will send a confirmation of amendment within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Registration of a transfer or licence	3	CIPO will send a confirmation of registration of the transfer of an interest or the grant of a licence within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Amending an entry in the Register to reflect a change or to correct a typographical or clerical error	4	CIPO will send a confirmation of amendment within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Amending a certificate of registration or issuing a new certificate	5	CIPO will send a corrected certificate of registration within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.
Providing a copy	7	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
Providing a certified copy	8	CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Footnotes

Footnote *

CIPO experienced an unprecedented volume of requests for examination (RE) for patents in advance of important regulatory changes to the patent system that came into effect on October 3, 2022. Though significant efforts were made, published patent service standards could not be met in all cases as the actual volume increase was significantly larger than the anticipated increase. These are considered to be circumstances beyond CIPO's control and factored into whether or not a remission is warranted for patent service requests received and paid between September 1, 2022, to March 31, 2023.

Return to footnote * referrer

Footnote **

Eligible for remission

Return to first footnote ** referrer

Footnote ***

Eligible for remission if fee is $151 or more

Return to first footnote *** referrer

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Client Service Standards

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