The Canadian Intellectual Property Office ("CIPO") is imposing a 25 percent increase to most of its official fees as of January 1, 2024. As CIPO is entirely funded by fee revenues for IP services, this fee increase is intended to address revenue deficiencies. A comprehensive overview of the new fee structure can be found here.
While CIPO has increased the majority of their fees, most small entity fees will not be increased as of January 1, 2024. Furthermore, the Patent Rules are expanding their definition of "small entity" to include those organizations that employ less than 100 employees. Currently, the Patent Rules state that an organization with less than 50 employees is considered a small entity and eligible for small entity fees.
In light of CIPO restructuring their fees and in an effort to avoid paying increased fees, intellectual property owners affected by these changes should consider taking certain actions prior to the end of 2023. Particularly, patent owners may wish to pay annual maintenance fees or request examination in 2023, rather than waiting until the new year. It is noted that CIPO maintenance fees for future years may also be paid at the lower rate as long as it is done before January 1, 2024. If possible, companies that employ between 50 and 99 employees may also wish to defer filing an application or entering the national phase until after January 1, 2024, to take advantage of the small entity fees.
Trademark, copyright and industrial design applicants may also wish to process their intellectual property filing fees/ applications prior to January 1, 2024 in order to avoid increased fees.
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