The fee amounts for the 2nd, 3rd and 4th anniversary small entity maintenance fees for applications and patents, due between 2021 and 2024, were incorrectly published on CIPO's website and in notices to applicants and patentees. These fees were erroneously represented as being $50 and did not account for inflationary adjustments required by the Service Fees Act.
Applicants and patentees that paid these fees at the $50 fee amount do not need to take any action. On , the Commissioner extended the time to pay these fees and waived the fee difference for all 2nd, 3rd and 4th anniversary maintenance fees paid from to . For applicants and patentees that pay these fees between and inclusive, the Commissioner has waived the amount of $6.21, making the amount of the fee $50 for payments received in this period.
The correct fee amounts for the 2nd, 3rd and 4th anniversary maintenance fees for small entities from 2021 to 2024 are set out below:
| Year | Fee amount payable |
|---|---|
| 2021 | $51.00 |
| 2022 | $50.90 |
| 2023 | $52.63 |
| 2024 | $56.21 |
Payments made between and inclusive
For a $50 payment made between and in respect of a 2nd, 3rd or 4th anniversary maintenance fee for small entities for a patent application and a patent, the amount paid was insufficient. The Commissioner has extended the time to pay the fee until after determining that the circumstances do not justify requiring the applicant or patentee to request an extension of time. The extension applies whether the $50 fee payment was paid on time, during the late period, in the reinstatement period or in the deemed expired period. For these fee payments, on the Commissioner has also waived the requirement to pay the difference between the amount that was paid ($50) and the amount of the fee that was payable (see table above).
These fees are considered fully paid and no action is required. Impacted applicants and patentees will receive a letter from the Patent Office to this effect.
Payments made between and inclusive
To ensure a sufficient period of time for applicants and patentees to become aware of the correct fee amounts, for a 4-month period the Commissioner has waived the difference between the incorrectly published fee amount ($50) and the correct fee amount ($56.21) for the 2nd, 3rd and 4th anniversary small entity maintenance fees for applications and patents.
On and after the 2nd, 3rd and 4th anniversary maintenance fee for small entities for applications and patents will be $56.21.
Applicants and patentees may receive a Commissioner's Notice or a Letter of Abandonment indicating that a fee in the amount of $50 is owing with a due date that falls on or after . It should be noted that despite what is indicated in the Notice or Letter, the fee amount owing if it is paid on or after is $56.21.