Fees at the Canadian Intellectual Property Office (CIPO) will increase significantly on January 1, 2024 as a result of amendments to the Patent, Trademark, and Industrial Design regulations.
CIPO has proposed a fee increase of 25% to most fees, with limited exception. The increase will apply to most patent, trademark, copyright, and industrial design fees, including those set out in the table below.*
| Fee Type | Current Fee | Proposed Fee |
| Trademarks | ||
| Filing | $347.35 for the first class
$105.26 for each additional class |
$434.19 for the first class
$131.58 for each additional class |
| Renewal | $421.02 for the first class
$131.58 for each additional class |
$526.28 for the first class
$164.47 for each additional class |
| Assignments/Transfers of Ownership | $100.00 | $125.00 |
| Statement of Opposition | $789.43 | $986.78 |
| Section 45 Notice | $421.02 | $526.28 |
| Patents | ||
| Application | $210.51 (Small Entity) $421.02 (Standard) |
$210.51 (Small Entity) $526.28 (Standard) |
| Fee for PCT application entering national phase in Canada | $210.51 (Small Entity) $421.02 (Standard) |
$210.51 (Small Entity) $526.28 (Standard) |
| Fee for examination of application (with international search completed) | $100.00 (Small Entity) $210.51 (Standard) |
$100.00 (Small Entity) $263.14 (Standard) |
| Fee for examination of application (any other case) | $421.02 (Small Entity) $842.06 (Standard) |
$421.02 (Small Entity) $1,052.57 (Standard) |
| Final fee (basic) | $157.88 (Small Entity) $315.77 (Standard)additional fees apply for specification and drawings exceeding 100 pages |
$157.88 (Small Entity) $394.72 (Standard)additional fees apply for specification and drawings exceeding 100 pages |
| Maintenance fees for patent (2nd to 4th anniversaries) | $50.00 (Small Entity) $100.00 (Standard) |
$50.00 (Small Entity) $125.00 (Standard) |
| Maintenance fees for patent (5th to 9th anniversaries) | $100.00 (Small Entity) $210.51 (Standard) |
$100.00 (Small Entity) $263.14 (Standard) |
| Maintenance fees for patent (10th to 14th anniversaries) | $125.00 (Small Entity) $263.14 (Standard) |
$125.00 (Small Entity) $328.93 (Standard) |
| Maintenance fees for patent (15th to 19th anniversaries) | $236.83 (Small Entity) $473.65 (Standard) |
$236.83 (Small Entity) $592.07 (Standard) |
| Copyright | ||
| Application for registration | $50.00 | $62.50 |
| Industrial Design | ||
| Examination of an application | $430.30 | $430.30 |
*For online filings
A complete list of proposed updated fees can be found in Annex A of CIPO's Draft Fee Proposal. Note that small entity fees for patents will not be subject to a fee increase.
Though the proposed fees have not been finalized, they are expected to be confirmed later this year. CIPO's last comprehensive adjustment of their fees was in 2004.
As a result of the upcoming increases, to save costs, we recommend that IP owners review their Canadian portfolios for any steps that can be taken in 2023 while the current lower fees still apply.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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