On January 1, 2024 fees at the Canadian Intellectual Property Office (CIPO) will increase by approximately 25% on average, per fee type. It is notable that this will be the first substantial fee increase that CIPO has implemented since 2004.

This one-time substantive fee adjustment is motivated by CIPO’s current structural deficit, which it attributes to inflation, growth, increased IT capacity, and demand. The fee increases will still be subject to annual adjustments in accordance with inflation under the Service Fees Act after 2024 calendar year.

For patent applications, as of January 1, 2024 government fees for filing an application by a regular applicant will increase from $421.02 to $555.00 CAD and requesting examination or requesting continued examination will increase from $816.00 to $1110.00 CAD. For a complete list of 2024 fees, please see CIPO’s website for patent fees, trademark fees, and industrial design fees. It is important to note that many fees known to be due on or after January 1, 2024 on these matters may be paid in 2023 at the current rates to avoid these increases.

While the fee increases do not apply to small entities, CIPO is expanding the definition of a small entity to include businesses with up to 99 employees from the previous 50 employees. Universities will continue to enjoy their status as small entities. Although the entity status of an application is set at the time that it is filed in Canada, this change may impact existing Canadian patents and applications.

Considerations
To take advantage of the lower 2023 rates, IP owners should consider paying future fees due in 2024 or later before January 1, 2024. In view of the holiday season, please consider sending us the fee payment instructions no later than December 10, 2023.

The change in the definition of a small entity in Canada appears to be retroactive and may apply to existing patent matters. As the issues surrounding small entity status in Canada remain complex, we recommend contacting us to discuss specifics of any matters of concern.

The information herein is provided for general information only. Please contact us directly if you wish to discuss options in respect of any particular matters.