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Reduced fees for small entities

From: Canadian Intellectual Property Office

Certain fees for obtaining and maintaining a patent are reduced by 50% for small businesses and universities to encourage them to use the patent system.

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Pay reduced fees if you are a small business or a university

Certain fees for obtaining and maintaining a patent are reduced by 50% for small businesses and universities to encourage them to use the patent system. You may be entitled to pay fees at the small entity level.

Definition of small entity

The Patent Rules defines a small entity as one that employs 50 or fewer employees or that is a university. This does not include:

  • an entity that is controlled directly or indirectly by an entity, other than a university, that employs more than 50 employees
  • an entity that has transferred or licensed or has an obligation, other than a contingent obligation, to transfer or license any right in the invention to an entity, other than a university, that employs more than 50 employees

Note that the determination of small entity applies to the applicant at the filing date of the application.

How to apply

If you wish to take advantage of the reduced fees for small entities, you must:

  • determine if the applicant who filed the application at filing was eligible under the definition of small entity
  • submit a small entity declaration before or at the time of your fee payment, if one is not already on file (this only needs to be submitted once and will apply for all future fee payments)
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