The CIPO recently released a practice notice stating that the 2nd, 3rd, and 4th anniversary small entity maintenance fees for the years 2021 to 2024 were incorrectly published on the CIPO's website. The fee was listed as $50 and failed to account for adjustments for inflation per the Service Fees Act.
Despite the erroneous information, for payments made between 1 January 2021 and 28 March 2024, any $50 payment made for a 2nd, 3rd, or 4th anniversary small entity maintenance fee will be considered fully paid as the fee deficiencies have been waived by the Commissioner.
As a transitional measure, for payments made between 29 March 2024 and 28 July 2024, applicants and patentees that pay $50 for a 2nd, 3rd, or 4th anniversary small entity maintenance fee will be considered to have paid that fee in full. However, from 29 July 2024 and onwards, applicants and patentees must pay the full amount of $56.21.
Accompanying the fee waivers, amendments to the Patent Rules were made giving the Commissioner the discretion to waive underpaid portions of fees when the Commissioner provided erroneous information regarding such fees.
CIPO Incorrectly Publishes Fee Amounts For Small Entity Status Maintenance Fees
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