Technical Consultation Paper on Changes to Patent Fees
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From: Canadian Intellectual Property Office
The Canadian Intellectual Property Office (CIPO) is a special operating agency of the Department of Innovation, Science and Economic Development (ISED). Its chief responsibility is to administer Canada's intellectual property (IP) regime by accepting and assessing applications for patents, trademarks, industrial designs and integrated circuit topographies.
CIPO's primary clients are applicants for IP protection, agents representing those applicants, users of the IP system, and the business community. The fees paid by these clients support all of CIPO's activities. This self-funded status is an important factor that guides all of CIPO's planning and operational decisions. It creates a strong incentive to be effective, efficient and responsive to those seeking to obtain IP rights.
In 2014, the Government of Canada announced its decision to have Canada join five IP treaties administered by the World Intellectual Property Organization (WIPO)Footnote 1. CIPO is charged with the implementation of these treaties and, as a consequence, must make some modifications to its fee structure as it relates to patents and trademarks. In 2015 the government passed additional amendmentsFootnote 2 to the Patent Act as part of the Economic Action Plan 2015 Act, No. 1 (“EAP 2015”), resulting in additional changes to CIPO's fee structure with respect to patents.
This consultation aims to explain to stakeholders the reasons behind the proposed changes to the patent fee structure related to implementing the Patent Law Treaty (PLT) and EAP 2015 in order to satisfy the requirements of the User Fees Act (“UFA”). The UFA requires that any federal body that introduces new fees or amends existing fees provide the public with an opportunity to make its views known, prior to applying the new, increased or expanded fee.
The first part discusses new fees being introduced as a result of ratifying the PLT. The second part addresses changes being made to fee-related services due to the amendments stemming from EAP 2015. For each part, in addition to presenting the patent fee-for-service proposal, this document provides supporting information including:
- why CIPO is proposing to change its patent schedule of fees;
- how the PLT and EAP 2015 are being implemented;
- how proposed new fees were established or how fee-related services are being modified; and
- an impact assessment and proposed service standards.
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