Maintenance fees – patents

The patent fees shown below are related to yearly maintenance. All amounts are in Canadian dollars.

Patent Application
For maintaining an application filed on or after October 1, 1989 in effect, under section 99 or 154 of these Rules (Item 30 in Schedule II of Patent Rules)
Payment on or before the given anniversary of the filing date of the application in respect of the one-year period ending on the following anniversary Standard Small entityFootnote 1
2nd anniversary $100 $50
3rd anniversary $100 $50
4th anniversary $100 $50
5th anniversary $200 $100
6th anniversary $200 $100
7th anniversary $200 $100
8th anniversary $200 $100
9th anniversary $200 $100
10th anniversary $250 $125
11th anniversary $250 $125
12th anniversary $250 $125
13th anniversary $250 $125
14th anniversary $250 $125
15th anniversary $450 $225
16th anniversary $450 $225
17th anniversary $450 $225
18th anniversary $450 $225
19th anniversary $450 $225

Examples are available in the About Patent Maintenance Fees section

Patents
For maintaining the rights accorded by a patent issued on the basis of an application filed on or after October 1, 1989 under section 100, 101, 155 or 156 of these Rules (Item 31 in Schedule II of Patent Rules)
In respect of the one-year period ending on the Description Standard Small entityFootnote 1
3rd anniversary of the filing date of the application fee, if payment is made on or before the second anniversary $100 $50
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the second anniversary $300 $250
4th anniversary of the filing date of the application fee, if payment is made on or before the third anniversary $100 $50
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the third anniversary $300 $250
5th anniversary of the filing date of the application fee, if payment is made on or before the fourth anniversary $100 $50
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fourth anniversary $300 $250
6th anniversary of the filing date of the application fee, if payment is made on or before the fifth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fifth anniversary $400 $300
7th anniversary of the filing date of the application fee, if payment is made on or before the sixth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the sixth anniversary $400 $300
8th anniversary of the filing date of the application fee, if payment is made on or before the seventh anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the seventh anniversary $400 $300
9th anniversary of the filing date of the application fee, if payment is made on or before the eighth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the eighth anniversary $400 $300
10th anniversary of the filing date of the application fee, if payment is made on or before the ninth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the ninth anniversary $400 $300
11th anniversary of the filing date of the application fee, if payment is made on or before the tenth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the tenth anniversary $450 $325
12th anniversary of the filing date of the application fee, if payment is made on or before the eleventh anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the eleventh anniversary $450 $325
13th anniversary of the filing date of the application fee, if payment is made on or before the twelfth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the twelfth anniversary $450 $325
14th anniversary of the filing date of the application fee, if payment is made on or before the thirteenth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the thirteenth anniversary $450 $325
15th anniversary of the filing date of the application fee, if payment is made on or before the fourteenth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fourteenth anniversary $450 $325
16th anniversary of the filing date of the application fee, if payment is made on or before the fifteenth anniversary $450 $225
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fifteenth anniversary $650 $425
17th anniversary of the filing date of the application fee, if payment is made on or before the sixteenth anniversary $450 $225
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the sixteenth anniversary $650 $425
18th anniversary of the filing date of the application fee, if payment is made on or before the seventeenth anniversary $450 $225
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the seventeenth anniversary $650 $425
19th anniversary of the filing date of the application fee, if payment is made on or before the eighteenth anniversary $450 $225
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the eighteenth anniversary $650 $425
20th anniversary of the filing date of the application fee, if payment is made on or before the nineteenth anniversary $450 $225
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the nineteenth anniversary $650 $425

Examples are available in the About Patent Maintenance Fees section

Patents Filed before 1989
For maintaining the rights accorded by a patent issued on or after October 1, 1989 on the basis of an application filed before that date under subsection 182(1) or (3) of these Rules (Item 32 in Schedule II of Patent Rules)
In respect of the one-year period ending on the Description Standard Small entityFootnote 1
3rd anniversary of the day on which the patent was issued fee, if payment is made on or before the second anniversary $100 $50
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the second anniversary $300 $250
4th anniversary of the day on which the patent was issued fee, if payment is made on or before the third anniversary $100 $50
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the third anniversary $300 $250
5th anniversary of the day on which the patent was issued fee, if payment is made on or before the fourth anniversary $100 $50
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fourth anniversary $300 $250
6th anniversary of the day on which the patent was issued fee, if payment is made on or before the fifth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fifth anniversary $400 $300
7th anniversary of the day on which the patent was issued fee, if payment is made on or before the sixth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the sixth anniversary $400 $300
8th anniversary of the day on which the patent was issued fee, if payment is made on or before the seventh anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the seventh anniversary $400 $300
9th anniversary of the day on which the patent was issued fee, if payment is made on or before the eighth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the eighth anniversary $400 $300
10th anniversary of the day on which the patent was issued fee, if payment is made on or before the ninth anniversary $200 $100
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the ninth anniversary $400 $300
11th anniversary of the day on which the patent was issued fee, if payment is made on or before the tenth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the tenth anniversary $450 $325
12th anniversary of the day on which the patent was issued fee, if payment is made on or before the eleventh anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the eleventh anniversary $450 $325
13th anniversary of the day on which the patent was issued fee, if payment is made on or before the twelfth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the twelfth anniversary $450 $325
14th anniversary of the day on which the patent was issued fee, if payment is made on or before the thirteenth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the thirteenth anniversary $450 $325
15th anniversary of the day on which the patent was issued fee, if payment is made on or before the fourteenth anniversary $250 $125
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fourteenth anniversary $450 $325
16th anniversary of the day on which the patent was issued fee, if payment is made on or before the fifteenth anniversary $450 $225
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the fifteenth anniversary $650 $425
17th anniversary of the day on which the patent was issued fee, if payment is made on or before the sixteenth anniversary $450 $225
fee, including an additional fee for late payment, if payment is made within the period of grace of one year following the sixteenth anniversary $650 $425

Examples are available in the About Patent Maintenance Fees section

Legal Disclaimer: CIPO has made reasonable efforts to ensure that any information provided is accurate. If there are inconsistencies between the information on this page and the applicable legislation, the legislation must be followed. The information provided is for information purposes only and should not be relied upon for legal purposes or business decisions.

About patent maintenance fees

About patent maintenance fees

Introduction

The patent process requires the payment of specific fees in order to obtain or maintain a patent or patent application. While there are three basic types of fees required to obtain a patent — filing fees, examination fees, and grant of patent fees — a fourth type, maintenance fees, is required to ensure that your patent application or patent remains current.

For information related to fees in respect of the filing, examination and grant of patents, please refer to A Guide to Patents.

Maintenance Fees

Maintenance fees protect both your investment and your IP rights. You have spent a considerable amount of time, money and effort toward your patent application and patent — follow through and secure your innovation!

What is the process?

Maintenance fees must be paid on a yearly basis.

You pay maintenance fees to prevent your patent rights from expiring up to the maximum of twenty years from the filing date of the patent. The date upon which your maintenance fee becomes due depends on the filing date of your patent or patent application. The first payment is due no later than the second anniversary of the filing of your application, and for each subsequent anniversary of the date of filing up to the nineteenth year.

For example, if you filed your application on January 1, 2011, your first maintenance fee will be due by January 1, 2013. You also have the flexibility of paying for a number of years in advance.

Does this apply to all patents?

For applications filed after October 1, 1989, and for patents issued on these applications, maintenance fees are payable starting on or before the second anniversary of the application filing date.

For applications filed under the Patent Cooperation Treaty (PCT), the PCT international filing date is the filing date in Canada. When entering the national phase in Canada, you are required to pay any maintenance fee that would have been payable had the international application been filed in Canada as a Canadian application on the international filing date.

For reissued patents, the maintenance fees are the same and follow the schedule for the original patent.

As for divisional applications, they bear the filing date of the parent application. Therefore a divisional application is, at the time of filing, subject to fees calculated from the filing date of the parent application, which are payable upon the filing of the divisional application.

Who can pay the maintenance fees?

The authorized correspondent is the only person entitled to pay the maintenance fees for patent applications.

Following the grant of a patent, the fees to maintain a patent can be paid by the patentee, or by any person acting for the patentee, whether residing in Canada or not.

All correspondence concerning the payment of a maintenance fee for a patent application will be sent to the authorized correspondent. For a patent, itwill be sent to the agent if one is appointed, otherwise to the patentee.

To make sure that any correspondence issued by CIPO reaches the intended party, please ensure that CIPO has your correct address. It is your responsibility to inform CIPO of any change of address.

How much do I pay?

The amount you pay will vary depending on whether the applicant has submitted a small entity declaration.

The amount you pay increases every five years of the patent's life. You can find out the fee due each year by consulting Schedule II, Tariff of Fees of the Patent Rules.

How do I pay?

You can pay online by using the Electronic Payment of Patent Maintenance Fees.

You can also pay by cash, Interac, credit card (VISA, MasterCard or American Express), deposit account, postal money order or cheque payable to the Receiver General for Canada. Please do not add provincial or federal taxes with your payment.

You may also want to submit a maintenance fee calculation sheet whenever you are paying maintenance fees. The form is also available at CIPO's Client Service Centre.

Please refer to our correspondence procedures before submitting your payment.

Do I get a receipt?

Standard receipts are issued for payments made by credit cards. If you need an official receipt, you could, as an option, submit the duplicate of your completed maintenance fee calculation sheet so that the copy can be dated and returned.

What happens if I do not pay within the prescribed period?

For an application, office practice is to send a notice indicating the patent application is now deemed to be abandoned. You can reinstate the application within twelve months from the date of abandonment, by submitting a request to reinstate the application accompanied by the required maintenance fee and the prescribed reinstatement fee set out in item 7 of Schedule II of the Patent Rules. If the twelve-month reinstatement period expires, the application will be abandoned beyond the possibility of reinstatement.

For a patent, office practice is to send a notice indicating that your patent is now considered in an "about-to-lapse" state, meaning that the patent will lapse unless the maintenance fee, together with an additional fee for late payment, is submitted within the one year period of grace of the filing date. If the patent lapses, there will be no possibility of revival.

The notices are sent as a courtesy only. Consequences for non-payment arise even if a notice is not sent.

Note: You can find your payment history as well as the due dates for your next maintenance fee payments in the ‘Admin Status' Tab in the Canadian Patents Database. We strongly recommend that you pay your maintenance fees a few days before the due date in order to ensure prompt payment. Time limits for the payment of maintenance fees cannot be extended.

Examples

Patent applications

Your maintenance fee is due on the anniversary of your patent application's filing date. If you filed on September 19, then you must pay your maintenance fees on or before September 19 each year starting on the 2nd anniversary. If your 6th year maintenance fee on a patent application is due September 19 then payment of this maintenance fee must be received in the Office on or before September 19. If September 19 falls on a day CIPO is closed for business, the time limit to pay the 6th year maintenance fee will be deemed extended until the next day CIPO is open for business. For example if September 19 falls on a Saturday the time limit to pay the maintenance fee will be extended until September 21 (as long as CIPO is open for business on that Monday).

In this example, if payment is not received by September 21 the patent application will be recorded as abandoned. You will still be able to correct your fee payment by requesting reinstatement, paying the 6th year maintenance fee and paying the reinstatement fee within the one year reinstatement period

Calculating the Reinstatement Period

The reinstatement period for patent applications abandoned due to non-payment of maintenance fees is calculated as the 12 month period after the abandonment. Therefore if your patent application goes abandoned on September 19th (a date the office was open) you have until September 19th of the following year to reinstate the application. If the office was closed on the date the maintenance fee was due, then the one year reinstatement period would be calculated from the extended due date (in the example above, on September 21) and not from the original due date of September 19. Therefore you would be required to request reinstatement, pay the 6th year maintenance fee and pay the reinstatement fee on or before September 21 of the following year.

Patents

Your maintenance fee is due on the anniversary of your patent's filing date. If you filed on September 19, then you must pay your maintenance fees on or before September 19 each year starting on the 2nd anniversary. If your 13th year maintenance fee is due September 19 then payment of your maintenance fee must be received in the Office on or before September 19. If September 19 falls on a day CIPO is closed for business, the time limit to pay the 13th year maintenance fee will be deemed extended until the next day CIPO is open for business. For example if September 19 falls on a Saturday the time limit to pay the maintenance fee will be extended until September 21 (as long as CIPO is open for business on that Monday).

If payment is not received by September 21 the patent will be recorded as ”in about to lapse” state. You will still be able to correct your fee payments by paying the 13th year maintenance fee as well as the late fee within the one year period of grace following the thirteenth anniversary of the filing date.

Calculating the Grace Period

The grace period for payment of patent maintenance fees is calculated differently that the reinstatement period for patent applications.  The one-year grace period is calculated from the filing date and not the abandonment date as is the case for patent applications.  In the example above, the period of grace would be calculated from original due date (filing date) of September 19 and not from the extended time limit for payment of the maintenance fee of September 21. Therefore you would be required to pay the 13th year maintenance fee and the late fee on or before September 19 of the following year. If the Office is closed on that date, the time limit to pay will be extended until the next day the Office is open. Don't forget that you will also owe the 14th year maintenance fee on that date. Once a patent has lapsed, it cannot be revived.

Where can I obtain more information?

If you have any questions about the information contained on this page, please contact CIPO's Client Service Centre.

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