May 20 2022
Earlier this year, the Canadian Intellectual Property Office (CIPO) published a proposal to increase its fees by about 25%, beginning in 2024. Almost all fees associated with patents, industrial designs, trademarks, integrated circuit topographies, and copyrights will be subject to the increase.
The adjustment is motivated by CIPO’s current structural deficit, which it attributes to inflation, growth, increased IT capacity, and demand.
In recognition of the disproportionate burden that the increase will place on small business, patent fees for Canadian small and medium-sized enterprises (SMEs) will remain unchanged. Furthermore, CIPO’s proposal includes expanding the definition of “small entity” in subsections 44(2), 112(2), and 122(3) of the Patent Rules to include businesses with up to 99 employees (previously 50). This broader definition will categorize over 95% of Canadian companies as small entities.
Based on the proposed adjustments, we recommend that IP owners consider taking advantage of the current lower fees throughout 2022 and 2023.
We will provide an update upon the publication of the final rules.
If you have any questions or require further information in the interim, please contact a member of our team at Ridout & Maybee.
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