Government Increases Fees for IP Rights - International Law Office

The Canadian Intellectual Property Office (CIPO) has announced an increase in government fees for patents, trademarks, industrial designs and copyright. Canadian patent fees have not changed since 1989, both the trademark and industrial design fees have not changed since 1985, and copyright fees have not been altered since 1997.

The majority of fee increases will come into effect on January 1 2004, with the remaining fee increases taking place in the second half of 2004.

The new government fee schedule will apply to all pending patent applications and granted patents, regardless of whether these were filed or granted before January 1 2004. The same principle will apply to all pending applications and registrations for trademarks, industrial designs or copyright, regardless of whether these were filed or registered before January 1 2004.

According to CIPO, even after the government fee increase comes into force, the fees charged by Canada will continue to be significantly lower than those charged by IP agencies in jurisdictions such as the United States, Europe, Japan and Australia.

Any government fees that are not due until after January 1 2004 can be paid before this date under the old fee schedule. IP rights holders and applicants are encouraged to review their portfolios of pending and issued patents, trademarks, industrial designs and copyright, and should consider paying any government fees due after January 1 2004 to avoid the fee increases.

The patent fees, with respect to CIPO functioning as an international searching authority and international preliminary examining authority, will come into force in the second half of 2004, once CIPO begins to offer these new services.

The full list of fee changes for patents, trademarks, industrial designs and copyright can be accessed here.

For further information on this topic please contact Ron Faggetter at Smart & Biggar/Fetherstonhaugh by telephone (+1 416 593 5514) or by fax (+1 416 591 1690) or by email (rdfaggetter@smart-biggar.ca).