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Instructions for Maintenance Fee Calculation Sheet

From: Canadian Intellectual Property Office

Maintenance Fee Calculation Sheet

The maintenance fee calculation sheet guides the applicant in providing the necessary maintenance fee information. This will assist the Patent Office to correctly apply the payments and to help identify any errors. It will also provide a mechanism for the authorization of credit card or deposit account payments.

It is strongly recommended that the applicant complete the fee calculation sheet by entering the required data and amounts in the appropriate areas, and to include this sheet when submitting maintenance fee payments.

Information about the applicable maintenance fee payable can be obtained by consulting Schedule II, Tariff of Fees, Parts 3 and 5, Maintenance Fees of the Patent Rules.

Calculation of the prescribed maintenance fee

Listing number (if applicable)

Indicate the number that your company is assigning to represent your files for tracking purposes. This information will be used by the finance section in any future communication with you for validation purposes.

Name and address of the person and company paying the fee

Please provide the name of the person paying the fee. For patent applications, the maintenance fee can be paid by the single applicant, if there is a single applicant, or a person authorized by the applicant. In the case of where there are joint applicants, the fee can be paid by one of the applicants or a person authorized by one of the applicants, as defined in sections 36(2) and 37 of the Patent Rules.

Patent application or patent number

Indicate the patent application number or issued patent number for which a maintenance fee is being paid.

Reference number

Indicate the applicant's or patentee's file reference number for which a maintenance fee is being paid.

Due Date

Enter the due date of the maintenance fee being paid.

Maintenance fee

Enter the amount of the maintenance fee being paid. Please note that the amount of the maintenance fee will vary depending on the entity size as defined in subsections 44(3) and 112(3) of the Patent Rules, and on whether the payment occurs on or before the respective anniversary of the filing date as late fees may be applicable.

Small entity

In addition to claiming small entity status, the applicant or patentee must file a signed small entity declaration compliant with subsections 44(3) and 112(3) of the Patent Rules.

Reinstatement fee

Enter the amount of the¸reinstatement fee. If the patent application for which you are submitting a maintenance fee is currently abandoned for non-payment of a maintenance fee, and you are within the prescribed 12-month reinstatement period, it is possible to reinstate your patent application by making a request for the reinstatement of the patent application, by paying the maintenance fee and late fee that should have been paid, and by submitting a reinstatement fee (subsection 73(3) of the Patent Act). In addition, you may have to demonstrate to the Commissioner that failure to take action occurred in spite of the due care having been taken.

Abandonment occurs at the later of six months after the due date or the expiry of the Commissioner's Notice.

Late fees

Enter the amount of the late fee. If the maintenance fee for an application or a patent has not been paid by the anniversary of the filing date, a late fee will be required irrespective of whether a notice has been sent. The payment of the late fee is pursuant to subsections 27.1(2) and 46(2) of the Patent Act and items 8 and 25 of Schedule 2 of the Patent Rules.

Total

The total of the amounts indicated in the maintenance fee and, if applicable, the late fee and the reinstatement fee columns.

Page total

The total of the amounts indicated in the total column.

Method of payment

Please note that we only accept Canadian currency.

To help the Patent Office identify the method of payment of the prescribed fees, please check the applicable box(es).

When paying by credit card, please provide the credit card number and the expiry date, unless the authorization form for payments made by credit card has been completed and submitted to CIPO's finance section.

Authorization to charge deposit account or credit card account

The Patent Office will not charge fees to deposit accounts or credit card accounts unless the deposit account or credit card account authorization is signed and the deposit account or credit card number is indicated.

Authorization to charge a deficiency

Please indicate if you are authorizing CIPO to debit your deposit account or credit card the additional sum of money needed to effect payment of the appropriate fees where there is a clear intent to pay a fee.

If you require assistance in completing the maintenance fee calculation sheet, please contact us.

Please refer to the Patent Act and Patent Rules for further information concerning the official requirements associated with the preceding guidelines. In the event of any inconsistency between these guidelines and the applicable legislation, the legislation must be followed.

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