Client Service Standards

From: Canadian Intellectual Property Office

The Canadian Intellectual Property Office’s service standards reflect the level of service we commit to providing our clients. These standards reinforce government accountability and increase predictability for clients.

The standards displayed on this page relate to CIPO services for which clients must pay a fee. They are distinct from CIPO's performance targets, which are not always associated with a fee.

List of service standards

The following tables present the service standards for all CIPO fees.

Patents
Fee Item in Schedule 2 of Patent Rules Service Standard

Fee for applying for an extension of time

1

CIPO will send a decision to the request 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 issue 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

6

CIPO will send an acknowledgement of receipt within 5 weeks 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 fee (patent application)

8

 CIPO will update the status on the Canadian Patent Database (CPD) as follows:
  • within 2 weeks for payments made using the patent maintenance fee electronic payment service;
  • within 5 weeks payments made using other payment options.

Late fee (Maintenance fee for patent application)

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

10

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:
    - if the application is open to public inspection, within 17 months of receipt of a compliant request and payment of the prescribed fee
    - if the application is not open to public inspection, within 19 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 office action 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 9 weeks of receipt of a compliant response and payment of the prescribed fee
- if the payment of the final fee is conditional (such as recordal of transfers, changes of name, corrections, etc.), upon receipt of a compliant response and payment of the prescribed fee within 9 weeks after completing those conditions

Fee for withdrawal of notice of allowance and return to examination

14

CIPO will send a confirmation that the application has been withdrawn from allowance and 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

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 an acknowledgement of reinstatement of the patent application within 1 month of receipt of a compliant request and payment of the prescribed fee.

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 fee 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)

21

CIPO will send an acknowledgement of national entry within 5 weeks 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 5 weeks 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 receipt of a compliant request and payment of the prescribed fee.

Maintenance fee (patents)

25

 CIPO will update the status on the Canadian Patent Database (CPD) as follows:
  • within 2 weeks for payments made using the patent maintenance fee electronic payment service;
  • within 5 weeks for payments made using other payment options.

Late fee (maintenance fee 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 send a Commissioner's letter or have a patent re-issued within 17 months.

Disclaimer fee

29

CIPO will acknowledge receipt 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

30

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 Patent Act

31

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

Fee to advertise an application on CIPO's website Under section 65 or 127 of the Patent Act

32

CIPO will advertise an 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 5 weeks 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

CIPO will send a recordal certificate within 5 weeks 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

35

CIPO will send a recordal certificate within 5 weeks of receipt of a compliant request and payment of the prescribed fee.

Providing a certified copy on paper

36

CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.

Providing a certified copy in electronic form

37

CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.

Providing a copy on paper

38

CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.

Providing a copy in electronic form

39

CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.

Providing a copy

40

CIPO will provide copies within 7 business days upon receipt of request and fees for copies or certified copies.

Maintenance fee (patent applications)

1

 CIPO will update the status on the Canadian Patent Database (CPD) as follows:
  • within 2 weeks for payments made using the patent maintenance fee electronic payment service;
  • within 5 weeks for payments made using other payment options.
Trademarks
Fee Item in Schedule of Trademarks Regulations Service Standard

Application for an extension of time

1

CIPO will process electronic requests and send the decision to the client within 2 weeks of receipt of a compliant request and payment of the prescribed fee.

CIPO will process paper requests and send the decision to the client within 5 weeks of receipt of a compliant request and payment of the prescribed fee.

Under exceptional circumstances and for retroactive requests
CIPO will process electronic requests and send the decision to the client within 5 weeks upon receipt of compliant request and payment of the prescribed fee.

CIPO will process paper requests and send the decision to the client within 6 weeks upon receipt of a compliant request and payment of the prescribed fee.

Fee to sit for the trademark agent qualifying examination

2

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

Request for name to be entered on the list of trademarks agents - Online

3a

CIPO will send a confirmation of entry within 2 weeks upon receipt of an electronic request that meets entry requirements and payment of the prescribed fee.

Request for a name to be entered on the list of trademarks agents - Paper

3b

CIPO will send a confirmation of entry within 5 weeks upon receipt of a paper request that meets entry requirements and payment of the prescribed fee.

Maintenance of a name on the list of trademark agents - Online

4a

CIPO will send a confirmation of maintenance within 2 weeks upon receipt of an electronic request that meets renewal requirements and payment of the prescribed fee.

Maintenance of a name on the list of trademark agents - Paper

4b

CIPO will send a confirmation of maintenance within 5 weeks upon receipt of a paper request that meets the requirements and payment of the prescribed fee.

Reinstatement of a name on the list of trademark agents

5

CIPO will send a confirmation that the reinstatement has been granted within 5 weeks upon receipt of a paper request that meets the requirement and payment of the prescribed fee.

Request for giving public notice for a badge, crest, emblem, mark or armorial bearing

6

CIPO will send a receipt of request within 5 weeks upon receipt of a compliant paper request and payment of the prescribed fee.

Application for the registration of a trademark - Online

7a

CIPO will send a filing notice within 2 weeks upon receipt of an electronic application that meets filing requirements and payment of the prescribed fee.

Application for the registration of a trademark - Paper 

7b

CIPO will send a filing notice within 5 weeks upon receipt of a paper application that meets the filing requirements and payment of the prescribed fee.

Transfer of an application for the registration of a trademark

8

CIPO will send a confirmation of amendment within 5 weeks upon receipt of a compliant paper request and payment of the prescribed fee.

Forward a copy of statement of opposition

9

CIPO will process and assess electronic requests and forward a copy of the statement of opposition to the applicant within 1 month upon receipt of a compliant request and payment of the prescribed fee.

CIPO will process and assess paper requests and send a copy of the statement of opposition to the applicant within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Application to  extend the statement of goods or services of a trademark registration

10a and 10b

CIPO will send a filing notice within 5 weeks upon receipt of a paper application that meets the filing requirements and payment of the prescribed fee.

Request for the giving of a notice under subsection 44(1) of the Act.

11

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

Transfer of a registered trademark

12

CIPO will send a confirmation of amendment within 5 weeks upon receipt of a compliant paper request and payment of the prescribed fee.

Request for the giving of a notice under subsection 45(1) of the Act.

13

CIPO will process the electronic request and send the section 45 notice to the registered owner within 2 weeks upon receipt of a compliant request and payment of the prescribed fee.

CIPO will process the paper request and send the section 45 notice to the registered owner within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Renewal of a registered trademark - Online

14a

CIPO will send a certificate of renewal within 2 weeks upon receipt of an electronic request that meets the renewal requirements and payment of the prescribed fee.

Renewal of a registered trademark - Paper

14b

CIPO will send a certificate of renewal within 5 weeks upon receipt of a paper request that meets the renewal requirements and payment of the prescribed fee.

Forward a copy of statement of objection.

15

CIPO will process paper requests and send a copy of the statement of objection to the applicant within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Providing a certified copy on paper

16

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Providing a certified copy in electronic form

17

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Providing a copy on paper

18

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Providing a copy in electronic form

19

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Issuance of a certificate of registration of a trademark under item 15 of the Tariff of Fees of the former Trade-marks Regulations

Subsection 154(1) of the Trademarks Regulations

CIPO will send a registration certificate within 2 weeks upon receipt of an electronic request that meets the registration requirements and payment of the prescribed fee.

CIPO will send a registration certificate within 5 weeks upon receipt of a paper request that meets the registration requirements and payment of the prescribed fee.

Request for protection of a geographical indication

Subsection 18(1) of the Department of Industry Act

CIPO will send a receipt of request within 5 weeks upon receipt of a compliant paper request and payment of the prescribed fee.
Industrial Design
Fee Item in Schedule of Industrial Design Regulations Service Standard

Examination of an application

1

CIPO will send a first action (allowance without a report) or a first report within 17 months from filing date of the application.

CIPO will send a first action (allowance without a report) or a first report within 17 months from the date of receipt of the divisional application.

Maintenance of the exclusive right accorded by the registration of a design

2

CIPO will send a confirmation of maintenance within 2 weeks upon receipt of an online request and payment of the prescribed fee, or within 5 weeks, upon receipt of a paper request and payment of the prescribed fee.

Late fee for the maintenance of the exclusive right accorded by the registration of a design

3

CIPO will send a confirmation of maintenance within 2 weeks upon receipt of an online request and payment of the prescribed fee, or within 5 weeks, upon receipt of a paper request and payment of the prescribed fee.

Recording or registering of a transfer

4

CIPO will send a confirmation of transfer within 1 month upon receipt of a compliant request and payment of the prescribed fee.

Providing a copy on paper

5

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Providing a copy in electronic form

6

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Providing a certified copy on paper

7

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Providing a certified copy in electronic form

8

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Reinstatement of an abandoned application

9

CIPO will send a confirmation of reinstatement within 1 month upon receipt of a compliant request and payment of the prescribed fee.

Processing a request to advance the examination of an application

10

CIPO will send a first action (allowance without a report) or a first report within 10 months from the filing date of the application upon receipt of a compliant request and payment of the prescribed fee.

CIPO will send a first action (allowance without a report) or a first report within 10 months from the date of receipt of the divisional application upon receipt of a compliant request and payment of the prescribed fee.

Delaying of registration

11

CIPO will send a confirmation of delay of registration within 1 month upon receipt of a compliant request and payment of the prescribed fee.
Integrated Circuit Topography
Fee Item in Schedule of Integrated Circuit Topography Regulations Service Standard

Filing an application

1

CIPO will send a certificate of registration within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Amending an application

2

CIPO will send a confirmation of amendment within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Registration of a transfer or licence

3

CIPO will send a confirmation of registration of the transfer of an interest or the grant of a licence within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Amending an entry in the Register to reflect a change or to correct a typographical or clerical error

4

CIPO will send a confirmation of amendment within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Amending a certificate of registration or issuing a new certificate

5

CIPO will send a corrected certificate of registration within 5 weeks upon receipt of a compliant request and payment of the prescribed fee.

Providing a copy

7

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.

Providing a certified copy

8

CIPO will provide copies within 7 business days upon receipt of a compliant request and payment of the prescribed fee.
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