Service and Website Interruptions
From: Canadian Intellectual Property Office
Important update on CIPO operations and services: additional extension to designated days - ()
To support our clients dealing with the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) put in place several periods of designated days that effectively suspended most deadlines. This period had been extended until .
However, due to the online and fax service interruption taking place from at 7 pm to at 11:59 pm, CIPO is instituting an additional extension to the period of designated days to provide additional flexibility to clients. Designated days will now end on . We encourage our clients to complete their required actions now if they are in a position to do so, rather than wait until after the end of the period of designated days.
On account of the continuing unforeseen disruption caused by the COVID-19 outbreak, and being satisfied that it is in the public interest to do so, the Commissioner of Patents, under subsection 78(2) of the Patent Act; the Registrar of Trademarks, under subsection 66(2) of the Trademarks Act; and the Minister, under subsection 21(2) of the Industrial Design Act, have designated for the purposes of subsection 78(1) of the Patent Act, subsection 66(1) of the Trademarks Act and subsection 21(1) of the Industrial Design Act all days in the period of time beginning on August 24, 2020, and ending on . This designation is in addition to the previous designations of the days in the period beginning on March 16, 2020, and ending on .
The result of designating these days is that if a time period fixed under the Patent Act, Trademarks Act and Industrial Design Act in respect of any business before CIPO for doing anything ends on any of these designated days, that time period is extended to the next day that is not either a designated day or a day that has been prescribed under section 5 of the Patent Rules, section 15 of the Trademarks Regulations and section 36 of the Industrial Design Regulations. This means that all such time limits ending on any of these designated days will now be extended until August 31, 2020.
While this is the final extension of designated days, CIPO understands that our clients may still be facing challenges related to the pandemic. We encourage you to learn about other potential options for flexibility in meeting deadlines with CIPO.
For industrial designs, you may be able to request an extension of time before the expiry of a time limit under subsection 22(4) of the Industrial Design Regulations. For trademarks, you may be able to apply for an extension of time under section 47 of the Trademarks Act. For patents, you may be able to request an extension of time under subsection 3(1) of the Patent Rules. However, some deadlines cannot be extended, and others have prescribed limits to extensions of time.
Please visit the CIPO COVID-19 page or view our patent webinar on the end of designated days.
CIPO continues to work to alleviate backlogs caused by COVID-19 restrictions; however, clients should still expect some delays at this time. We appreciate the patience and flexibility our clients have shown during this challenging period, and we are committed to continuing to work with them to ensure their intellectual property needs are met.
To ensure continuity of service, our online solutions remain available. We encourage you to use the online services for all your transactions with CIPO.
Please send correspondence only to the Ottawa and Gatineau offices. Other designated regional offices, to which correspondence with CIPO can usually be delivered, remain closed until further notice.
TMOB proceedings – Delays and extensions of time - (2020-08-19)
The Registrar is committed to ensuring that parties before the Trademarks Opposition Board (TMOB) are able to obtain extensions of their deadlines affected by COVID-19.
The Registrar has designated the days falling between and pursuant to section 66 of the Trademarks Act. The effect of this is that any deadlines set in the Trademarks Act, Trademarks Regulations or by the Registrar in a proceeding before the TMOB that fell between and now fall on (see section 66(2) of the Act and section 2 of the Regulations which allows for extensions of periods and deadlines fixed under the Act and Regulations, including any deadlines in opposition, section 45, and objection proceedings). As the restrictions related to COVID-19 gradually ease, the designated days period will not be extended beyond .
For deadlines falling after the end of designated days, the Registrar will consider the disruption caused by COVID-19 a sufficient circumstance to obtain an extension of time under sections 47(1) and 47(2) of the Act upon request. The Registrar may also use its discretion under section 47(1) to extend deadlines on its own initiative if it is in the interests of justice to do so.
Please consult the FAQ for further information).
Service interruption – Reopening Document Dissemination Service - (2020-04-24)
On , the Canadian Intellectual Property Office's Client Service Centre will resume its intellectual property document order service. Clients should expect delays in the processing of their requests as we work to fulfill orders in the backlog.
We apologize for the inconvenience that this service interruption may have caused, and we look forward to serving you.
Trademark Examination: sending general correspondence using the online system - (2020-03-27)
This notice was prepared in the rapidly-evolving context of the COVID-19 service interruptions at CIPO. To ensure continuity of service, our online solutions are available 24/7. We encourage you to use the online services for all your transactions with CIPO.
In particular, trademark applicants or their appointed agents are reminded that they can use CIPO's online e-Filing service to respond to office correspondence (such as examiner's reports) without having to amend any information in the application. This can be done by following the "Apply for/amend a trademark" link on the main CIPO Trademarks page. After logging in to your ISED account, select the "Amend a previously filed application" link. On the "Closing details" page of the particular application, a response can be entered manually as text or by attaching a file (in .pdf or .doc(x) format). Confirm and add the amendment transaction to your Cart and proceed as you normally would to when sending an amended application. Note that there is no fee to file an amended application.
Service interruption – multiple regional offices - (2020-03-16)
The following regional offices for the Canadian Intellectual Property Office (CIPO) are not receiving CIPO correspondence until further notice:
- Toronto (151 Yonge Street, 4th floor, Toronto, Ontario)
- Vancouver (Library Square, 300 West Georgia Street, Suite 2000, Vancouver, British Columbia)
- Edmonton (Canada Place, 9700 Jasper Avenue, Suite 725, Edmonton, Alberta)
- Montréal (Sun Life Building, 1155 Metcalfe Street, Room 950, Montréal, Quebec)
Please note that CIPO remains open for business. It remains the responsibility of CIPO's clients to ensure that all deadlines are respected. Please see our correspondence procedures for more details or Chapter 2 of the Manual of Patent Office Practice (MOPOP).
CIPO is closed for business on statutory holidays. Under extraordinary circumstances when the office is closed and alternate correspondence procedures are unavailable, CIPO will be considered closed for business and all time limits will be extended until the next day that it is open for business. A list of business closure dates is available online.
Network maintenance is scheduled every Saturday from 6:00 p.m. until 9:00 a.m. (ET) Sunday. During this period there may be disruptions to the CIPO Web site.
Online Forms maintenance
Online forms maintenance is scheduled every Sunday from 2:00 a.m. until 6:00 a.m. (ET). During this period, there may be disruptions to the online forms service.
Network maintenance (Patents)
Network maintenance is scheduled every Saturday from 6:00 p.m. until 4:00 p.m. (ET) Sunday. During this period there may be disruptions to the image database or to the database.
Database maintenance is scheduled every Saturday from 5:00 p.m. until 7:00 p.m. (ET). During this period images may not be available.
Service interruption – all e-commerce applications
Due to maintenance activities, all e-commerce applications are unavailable from Sunday 10:00 a.m. until 06:00 p.m. (ET).
We apologize for any inconvenience.
We apologize for any inconvenience caused by these interruptions.
For more information, please contact the CIPO Client Service Centre at: 1-866-997-1936. For date-sensitive material, please review the Correspondence Procedures.
A complete list of the service interruptions to the CIPO site is available upon request.
- Date modified: