Client Service Standards

From: Canadian Intellectual Property Office

The Canadian Intellectual Property Office (CIPO) is updating its existing service standards and introducing new ones, in compliance with the Service Fees Act (SFA) which was given Royal Assent on .

What this means for you

We strive to continuously improve our service standards. Initiatives like our Client Satisfaction Survey, launched in early 2018, as well as our engagement efforts with our partners and stakeholders, contribute to these efforts.

These service standards reflect our current levels of service, and you should not see any difference in the level of service we provide you.

The service standards are distinct from CIPO's existing performance targets, which are not always associated with specific fees, but ensure that clients have an experience that is high quality, timely and accessible. We aim to meet our performance targets in 90% of cases.

Under the SFA, we aim to meet our client service standards, presented in the table below, 100% of the time.

Our service standards at a glance

Services listed in the table are related to a fee. Our website provides a list of our fees.

The table presents types and standards for each service we provide:

Patents
Service type Item – Schedule 2 of Patent Rules Service Standard

Fee for applying for an extension of time

1

CIPO will send a decision within 2 months of receipt of a compliant request and payment of the prescribed fee.

Fee to sit for the patent agent qualifying examination, per paper

2

CIPO will send a confirmation of eligibility within 1 month of receipt of a compliant request and payment of the prescribed fee(s).

Fee to apply for entry on the Register of Patent Agents

3

CIPO will send a confirmation of entry on the Register within 6 weeks of receipt of a compliant request and payment of the prescribed fee.

Fee to maintain the name of a patent agent on the Register of Patent Agents

4

CIPO will process requests within 6 weeks of receipt of a compliant request and payment of the prescribed fee.

Fee to apply for reinstatement on the Register of Patent Agents

5

CIPO will send a confirmation of reinstatement on the Register within 6 weeks of receipt of a compliant request and payment of the prescribed fee.

Application fee

6a and 6b

CIPO will send an acknowledgement of receipt within 1 month of payment of the prescribed fee.

Late fee (application fee)

7

CIPO will send an acknowledgement of receipt within 1 month of payment of the prescribed fee.

Maintenance fees (patent applications)

8

CIPO will update the patent application's status on the Canadian Patent Database (CPD) upon payment of the prescribe fee as follows:

Late fee (maintenance fees for patent applications)

9

CIPO will send an acknowledgement of receipt within 1 month of payment of the prescribed fee.

Request for examination fee with prior international search in Canada

10a

CIPO will send:

  • an examiner's requisition under subsection 86(2) of the Patent Rules within 17 months of receipt of a compliant request and payment of the prescribed fee, if the examiner identifies defects in the application, or
  • a notice of allowance under subsection 86(1) of the Patent Rules:
    • within 17 months (if the application is open to public inspection at that time), of receipt of a compliant request and payment of the prescribed fee, or
    • within 19 months (if the application is not open to public inspection at 17 months), of receipt of a compliant request and payment of the prescribed fee

Request for examination fee with no prior international search in Canada

10b

CIPO will send:

  • an examiner's requisition under subsection 86(2) of the Patent Rules within 17 months of receipt of a compliant request and payment of the prescribed fee, if the examiner identifies defects in the application, or
  • a notice of allowance under subsection 86(1) of the Patent Rules:
    • within 17 months (if the application is open to public inspection at that time), of receipt of a compliant request and payment of the prescribed fee, or
    • within 19 months (if the application is not open to public inspection at 17 months), of receipt of a compliant request and payment of the prescribed fee

Late fee (request for examination)

11

CIPO will send an acknowledgement of receipt within 1 month of payment of the prescribed fee.

Advanced examination fee

12

CIPO will send an examiner's requisition or a notice of allowance within 7 months of receipt of a compliant request and payment of the prescribed fee.

Final fee

13

CIPO will send a Grant Certificate:

  • if the payment of the final fee is unconditional, within 8 weeks of receipt of a compliant response and payment of the prescribed fee
  • if the payment of the final fee is conditional (such as conditional on recordal of transfers, changes of name, corrections, etc. to be completed), upon receipt of a compliant response and payment of the prescribed fee within 8 weeks after the last condition has been completed.

Fee for withdrawal of notice of allowance and return to examination

14

CIPO will send a confirmation that the notice of allowance has been withdrawn and that the application has been returned to examination within 1 month of receipt of a compliant request and payment of the prescribed fee.

Reinstatement fee - On requesting reinstatement of an application deemed abandoned under paragraphs 73(1)(a), (b) or (e) or subsection 73(2) of the Patent Act

15

CIPO will send a confirmation that the patent application has been reinstated within 1 month of receipt of a compliant request and payment of the prescribed fee.

Reinstatement fee (Due care required) - On requesting reinstatement of an application deemed abandoned under paragraphs 73(1)(c) or (d) of the Patent Act

15

CIPO will send the Commissioner's intended determination regarding the request to reinstate a patent application within 2 months of receipt of a compliant request and payment of the prescribed fee.

International - Transmittal fee
Under Rules 14 and 22 of the Regulations under the PCT

16

CIPO (as a receiving Office) will mail the record copy prior to the expiration of the 13th month from the priority date. Such transmittal shall be effected promptly after receipt of the international application. This is a WIPO standard.

International - Search fee
Under Rules 16 and 42 of the Regulations under the PCT

17

CIPO (as International Searching Authority) will provide a written opinion and an international search report or a Non-Establishment of International Search Report, within the later of 3 months from receiving the search copy or 9 months from the priority date. This is a PCT regulated item.

International - Additional fees where there is a lack of unity
Under Rule 40 of the Regulations under the PCT

18

CIPO (as International Searching Authority) will provide a written opinion and an international search report or a Non-Establishment of International Search Report, within 9 months of the payment of the additional search fees.

International - Preliminary examination fee
Under Rules 58 and 69 of the Regulations under the PCT

19

CIPO (as International Preliminary Examining Authority) will provide an international preliminary examination report, within the later of 6 months from the receipt of a complete demand or 28 months from the priority date. This is a PCT regulated item.

International – Additional preliminary examination fee
Under Rule 68.3 of the Regulations under the PCT

20

CIPO (as International Preliminary Examining Authority) will provide an international preliminary examination report, within the later of 6 months from the receipt of a complete demand or 28 months from the priority date. This is a PCT regulated item.

International - Additional fee for late payment
Under Rules 16bis and 58bis.2 of the Regulations under the PCT

 

CIPO (as a receiving Office) will process the fee payment prior to the expirations of the 13th month from the priority date. Such transmittal shall be effected promptly after receipt of the international application.

Basic national fee (PCT national phase entry)

21a and 21b

CIPO will send an acknowledgement of national entry within 1 month of receipt of a compliant request and payment of the prescribed fee.

Fee for reinstatement of rights (PCT national phase entry after 30 months)

22

CIPO will send an acknowledgement of national entry within 1 month of receipt of a compliant request and payment of the prescribed fee.

Additional fee for late payment (PCT national phase entry)

23

CIPO will send an acknowledgement of national entry within 1 month of receipt of a compliant request and payment of the prescribed fee.

Fee for requesting a correction of an error under s109(1) of the Patent Rules

24

CIPO will send a response within 3 months of a compliant request and payment of the prescribed fee.

Maintenance fees (patents)

25

CIPO will update the status on the Canadian Patent Database (CPD) upon payment of the prescribe fee as follows:

  • payments made using other payment options, within 1 month.

Late fee (maintenance fees for patents)

26

CIPO will send an acknowledgement of receipt within 1 month of payment of the prescribed fee.

Additional fee (Due care required) - On requesting reversal of deemed expiry of a patent under subparagraph 46(5)(a)(iii) of the Patent Act

27

CIPO will send the Commissioner's intended determination regarding the request to reverse the deemed expiry of a patent within 2 months of receipt of a compliant request and payment of the prescribed fee.

Reissue fee

28

CIPO will provide a Commissioner's letter or have a patent re-issued within 17 months of receipt of a compliant request and payment of the prescribed fee.

Disclaimer fee

29

CIPO will process requests within 1 month of receipt of a compliant request and payment of the prescribed fee.

Fee for re-examination of one or more claims of a patent

30a and 30b

CIPO will issue a confirmation of appointment of re-examination board and send a copy of the re-examination request (if applicable) within 9 weeks of receipt of a compliant request and payment of the prescribed fee.

Fee for presenting an application - under section 65 or 127 of the Act

31a and 31b

CIPO will send an acknowledgement of receipt within 3 weeks of receipt of a compliant application and payment of the prescribed fee(s).

Fee for requesting advertisement of an application on CIPO's website in the Canadian Patent Office Record

32

CIPO will advertise the application on CIPO's website within 1 month of receipt of a compliant request and payment of the prescribed fee.

Fee for registration of a document

33

CIPO will send a registration certificate within 1 month of receipt of a compliant request and payment of the prescribed fee.

Fee for recordal of a change of name or transfer under section 49 of the Patent Act

34 and 35

CIPO will send a recordal certificate within 1 month of receipt of a compliant request and payment of the prescribed fee.

Trademarks Branch
Type of service Service Standard
Filing applications for registration CIPO will issue a filing date within 7 business days upon receipt of an electronic application that meets filing requirements including the fee under normal circumstances.
CIPO will issue a filing date within 20 business daysFootnote 4 upon receipt of a paper application that meets the filing requirements including the fee under normal circumstances.
Filing an application to amend the registration to extend the goods or services CIPO will issue a filing date within 20 business days upon receipt of a paper application that meets the filing requirements including the fee under normal circumstances.
Assignment CIPO will issue confirmation that the amendment has been made or issue correspondence requesting additional information within 20 business days upon receipt of a paper request including the fee under normal circumstances.
Renew the registration CIPO will issue confirmation of renewal within 7 business days upon receipt of an electronic request that meets the renewal requirements including the fee under normal circumstances. CIPO will issue confirmation of renewal within 20 business days upon receipt of a paper request that meets the renewal requirements including the fee under normal circumstances
Extension of time CIPO will grant or refuse an extension of time within 7 business days upon receipt of an electronic request including the fee under normal circumstances.
CIPO will grant or refuse an extension of time within 20 business days upon receipt of a paper request including the fee under normal circumstances.
Filing applications for section 9 registration CIPO will issue receipt of request within 20 business days upon receipt of a paper request including the fee under normal circumstances.
Issuance of a certificate of registration CIPO will issue a registration certificate within 7 business days upon receipt of an electronic request that meets the registration requirements including the fee under normal circumstances.
CIPO will issue a registration certificate within 20 business daysFootnote 5 upon receipt of a paper request that meets the registration requirements including the fee under normal circumstances.
Agent entered on the List of Trademark Agents CIPO will issue confirmation of entry within 7 business days upon receipt of an electronic request that meets entry requirements including the fee under normal circumstances.
CIPO will issue confirmation of entry within 20 business days upon receipt of a paper request that meets entry requirements including the fee under normal circumstances.
Agent annual renewal CIPO will issue confirmation of entry within 7 business days upon receipt of an electronic request that meets renewal requirements including the fee under normal circumstances.
CIPO will issue confirmation of entry within 20 business days upon receipt of a paper request that meets renewal requirements including the fee under normal circumstances.
Agent reinstatement CIPO will issue confirmation that the reinstatement has been granted or issue correspondence requesting additional information, within 20 business days upon receipt of a paper request including the fee under normal circumstances.
Geographical indications CIPO will issue receipt of request within 20 business days upon receipt of a paper request including the fee under normal circumstances.
Industrial Design Branch
Type of service Service Standard
Examination of an application to register a design Provide first action (allowance without a report or issuance of a 1st report) within 11 monthsFootnote 6 from filing date.
Accelerated examination of an application to register a design
(accelerated examination will be advanced examination in the new regulations)
Provide first action (allowance without a report or issuance of a 1st report) within 10 months from filing date upon receipt of a request of an accelerated examination.
Delayed registration Within 20 business days upon receipt request.
Issuance of a correcting certificate
(repealed in new regulations)
Within 20 business days upon receipt request.
Reinstatement of an abandoned application Within 20 business days upon receipt request.
Recording of an assignment Within 20 business daysFootnote 7 upon receipt of a request that meets the requirements.
Maintaining a registered design if received within 5 years of registration Within 7 business days upon receipt of an online request.
Within 20 business days upon receipt of a paper request.
Maintaining a registered design if received in the 6 months following the 5-year period Within 7 business days upon receipt of an online request.
Within 20 business days upon receipt of a paper request.
Trademarks Opposition Board
Type of service Service Standard
Process the request for an extension of time and send the decision to the client For electronic requests, within 7 business days upon receipt of an electronic extension of time request that meets the requirements and fee under normal circumstances.
Process the request for an extension of time and send the decision to the client For paper requests, within 20 business days upon receipt of a paper extension of time request that meets the requirements and fee under normal circumstances.
Process the request for an extension of time under exceptional circumstances and send the decision to the client For electronic requests, within 25 business days upon receipt of an electronic extension of time request that meets the requirements and fee under normal circumstances.
Process the request for an extension of time under exceptional circumstances and send the decision to the client For all paper requests, within 30 business days upon receipt of a paper extension of time request that meets the requirements and fee under normal circumstances.
Process and assess the Statement of Opposition and forward a copy of the Statement of Opposition to the applicant. For electronic requests, within 20 business days upon receipt of a Statement of Opposition that meets the requirements and fee under normal circumstances.
Process and assess the Statement of Opposition and forward a copy of the Statement of Opposition to the applicant. For paper requests, within 25 business days upon receipt of a Statement of Opposition that meets the requirements and fee under normal circumstances.
Process the request and send the Section 45 notice to the registered owner For electronic requests, within 7 business days upon receipt of a Section 45 notice request that meets the requirements and fee under normal circumstances.
Process the request and send the Section 45 notice to the registered owner For paper requests, within 20 business days upon receipt of a Section 45 notice request that meets the requirements and fee under operational circumstances.
Business Services Branch

Type of service

Service Standard

Sending non-certified paper copies of CIPO intellectual property records Within 7 business daysFootnote 10 upon receipt of request and fees for copies or certified copies.
Sending certified paper copies of CIPO intellectual property records
Sending non-certified electronic copies of CIPO intellectual property records
Providing responses to patent search requests according to section 11 of the Patent Act and item 23 of Schedule II of the Patent Rules
Providing responses to patent search requests according to item 24 of Schedule II of the Patent Rules Within 7 business daysFootnote 11 upon receipt of request and fees for copies or certified copies.
Providing responses to patent status search requests according to item 27 of Schedule II of the Patent Rules
Providing access to a pay-for-print station in the public search room Pay-for-print station is functional during regular business hours.
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