Canadian Intellectual Property Office (CIPO) to significantly increase official fees on January 1, 2024

On January 1, 2024, the majority of official fees charged by the Canadian Intellectual Property Office (“CIPO”) will increase by 25% above the January 2024 CPI inflation adjustment.

Fee Changes

The fee increases will apply across the board (with limited exceptions) to Canadian trademark, copyright, patent, industrial design and integrated circuit topography fees. As of January 1, 2024, fee changes to commonly paid CIPO fees include as follows:

1. Patent application filing fee:

• • Increase from $421.02 to $555

2. Patent application examination fee:

• • Increase from $816 to $1110

3. Patent application final fee:

• • Increase from $306 to $416

4. Patent maintenance fees:

• • Increase from $100 to $125 (2^nd to 4^th year)
  • Increase from $210.51 to $277 (5^th to 9^th year)
  • Increase from $263.14 to $347 (10^th to 14^th year)
  • Increase from $473.65 to $624 (15^th to 19^th year)

5. Industrial design filing fee:

• • Increase from $430.30 to $567

6. Trademark application fee (1^st class of goods/services):

• • Increase from $347.35 to $458

7. Trademark renewal fee (1^st class of goods/services):

• • Increase from $421.02 to $555

8. Statement of Opposition filing fee:

• • Increase from $789.43 to $1040

For a complete list of fees changes, please consult CIPO’s website here.

Since CIPO’s last comprehensive fee increase in 2004, rising inflation and labour costs have stretched the self-funded organization’s ability to meet growing operational demands and client expectations. During public consultation, stakeholders were broadly supportive of a comprehensive fee increase, without which, CIPO could become insolvent. With the $250.3 million in revenue the fee increases are forecast to generate by 2034, CIPO plans to invest in critical infrastructure and return the organization to a position of fiscal stability.

Changes to the Definition of “Small Entity”

Importantly, the 25% fee increase will not apply to small entities (as defined in the Patent Rules) in patent matters. Small entity fees are already discounted by 50% over CIPO’s standard fees in patent matters.

In addition, as of January 1, 2024, the definition of “small entity” will be expanded to allow more businesses to claim small entity status. The amended definition of “small entity” will include entities that employ fewer than 100 employees (up from 50 or fewer employees). This means that entities having 99 or fewer employees at the date of patent application filing will also be able to claim small entity status and pay patent fees on the discounted “small entity” scale effective January 1, 2024.

Due care must be exercised when assessing small entity status since employee count is one of multiple factors to be considered, and incorrectly claiming small entity status may render a patent invalid. For example, entities with fewer than 100 employees but which: (i) are controlled directly or indirectly by entities having 100 or more employees; and/or (ii) have transferred or licensed rights in an invention to (or are obliged to transfer or license rights in an invention to) entities having 100 or more employees, do not qualify as small entities under the Patent Rules.

Recommendations

In view of the significant fee increases discussed above, Canadian intellectual property owners (including, in particular, owners of large Canadian IP portfolios and bulk IP filers) may wish to proceed with new Canadian IP filings and eligible renewals (and payment of other CIPO fees) in 2023 before the 2024 fee changes take effect on January 1, 2024.