Client Service Standards

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 5 weeks of payment of the prescribed fee.

Late fee (application fee)

7

Maintenance fee (patent application)^{Footnote **}

8

• within 2 weeks for payments made using the patent maintenance fee electronic payment service;
• within 5 weeks payments made using other payment options.

Late fee (Maintenance fee for patent application)

9

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 20 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 20 months of receipt of a compliant request and payment of the prescribed fee

Late fee (request for examination)

11

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 12 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 12 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 14 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 14 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 mail 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 WIPO standard.

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 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 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 all of the following: a complete demand, complete payment of the handling fee, the preliminary examination fee, and any applicable late fees, the receipt of all amendments identified in the PCT/IPEA/431 (Invitation to Submit Amendments under PCT Rule 60.1(g)) or the expiration of the deadline in the PCT/IPEA/431 (Invitation to Submit Amendments under PCT Rule 60.1(g)); 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 all of the following: a complete demand, complete payment of the additional preliminary examination fee and any applicable late fees, the receipt of all amendments identified in the PCT/IPEA/431 (Invitation to Submit Amendments under PCT Rule 60.1(g)), or the expiration of the deadline in the PCT/IPEA/431 (Invitation to Submit Amendments under PCT Rule 60.1(g)); 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) will process the fee payment prior to the expirations of the 13th month from the priority date. Such transmittal shall be effected promptly after receipt of the international application.

Basic national fee (PCT national phase entry)^{Footnote *}

21

CIPO will send an acknowledgement of national entry within 5 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 5 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 5 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

• within 2 weeks for payments made using the patent maintenance fee electronic payment service;
• within 5 weeks for payments made using other payment options.

Late fee (maintenance fee for a patent)

26

CIPO will send an acknowledgement of receipt within 5 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 5 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 5 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 5 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)

• within 2 weeks for payments made using the patent maintenance fee electronic payment service;
• within 5 weeks for payments made using other payment options.

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 *}

10a and 10b

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.

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.

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.

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.