Client Service Standards
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:
- Patent Branch
- Trademarks Branch
- Industrial Design Branch
- Copyright Branch
- Patent Appeal Board
- Trademarks Opposition Board
- Business Services Branch
| Service type | Service Standard |
|---|---|
| Filing fee | CIPO will send a filing certificate or acknowledgement of national entry within 20 business daysFootnote 1 of receipt of a compliant request and payment of the prescribed fee. |
| Completion fee | CIPO will process a completion fee within 30 business days of receipt of a compliant response and payment of the prescribed fee. |
| Request for examination fee with prior international search in Canada | CIPO will send a first office action within 17 calendar monthsFootnote 2 of receipt of a compliant request and payment of the prescribed fee. |
| Request for examination fee with no prior international search in Canada | CIPO will send a first office action within 17 calendar monthsFootnote 3 of receipt of a compliant request and payment of the prescribed fee. |
| Advanced examination fee | CIPO will send an office action within 7 calendar months of receipt of a compliant request and payment of the prescribed fee. |
| Amendment after allowance fee | CIPO will process the amendment or send a letter refusing the amendment within 30 business days of receipt of a compliant request and payment of the prescribed fee. |
| Final fee (under subsection 30(1) or (5) of these Rules for applications filed on or after ) | CIPO will send a Grant Certificate within 8 calendar weeks of receipt of a compliant response and payment of the prescribed fee, provided there are no maintenance fees due within the following 6 weeks of this request. |
| Final fee (under subsection 30(1) or (5) of these Rules for applications filed before ) | CIPO will send a Grant Certificate within 8 calendar weeks of receipt of a compliant response and payment of the prescribed fee. |
| Reinstatement - On requesting reinstatement of an abandoned application for various reasons | CIPO will process a request to reinstate a patent application within 20 business days 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 |
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 |
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 |
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 |
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 |
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. |
| National - Additional fee for late payment Under subsection 58(3) of the Patent Rules | CIPO will process this payment within 20 business days of receipt of a compliant request and payment of the prescribed fee. |
| Late payment fee | CIPO will process this payment within 20 business days of receipt of a compliant request and payment of the prescribed fee. |
| Reissue fee | CIPO will provide a Commissioner's letter or have a patent re-issued within 17 calendar months. |
| Disclaimer fee | CIPO will process requests within 20 business days of receipt of a compliant request and payment of the prescribed fee. |
| Requesting registration of a judgment | CIPO will process requests within 30 business days of receipt of a compliant request and payment of the prescribed fee. |
| Requesting publication in the Canadian Patent Office Record | CIPO will process requests within 20 business days of receipt of a compliant request and payment of the prescribed fee. |
| Requesting correction of a clerical error | CIPO will process corrections of clerical errors within 12 calendar weeks of receipt of a compliant request and payment of the prescribed fee. |
| Registration of a document | CIPO will issue a registration certificate within 20 business days of receipt of a compliant request and payment of the prescribed fee. |
| Extension of time | CIPO will process requests within 8 calendar weeks of receipt of a compliant request and payment of the prescribed fee. |
| Maintenance fees | CIPO will process the payment and update the status on the Canadian Patent Database (CPD) as follows:
|
| Fee to be added to the Patent Agent Register | CIPO will process requests within 6 calendar weeks of receipt of a compliant request and payment of the prescribed fee. |
| Fee for maintaining the name of an agent to the register | CIPO will process requests within 6 calendar weeks of receipt of a compliant request and payment of the prescribed fee. |
| Fee for reinstatement on the Patent Agent Register | CIPO will process requests within 6 calendar weeks of receipt of a compliant request and payment of the prescribed fee. |
| 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. |
| Certified copy pursuant to Subsection 31(1) | CIPO will place the certified copy on file within 7 business days upon receipt of an electronic request including the fee under normal circumstances. CIPO will place the certified copy on file 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. |
| 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. |
| Type of service | Service Standard |
|---|---|
| Accepting an application for registration of a copyright | Within 7 business daysFootnote 8 upon receipt of an application submitted online. |
| Accepting an application for registration of a copyright | Within 20 business daysFootnote 9 upon receipt of a paper application. |
| Accepting for registration an assignment or license of a copyright | Within 20 business days upon receipt of a request. |
| Processing a request for accelerated action on an application for registration of a copyright or for registration of an assignment, license or other document | Within 7 business days upon receipt of a request. |
| Correcting a clerical error not committed by the Copyright Office, where the request is submitted online | Within 7 business days upon receipt of a request. |
| Correcting a clerical error not committed by the Copyright Office submitted by paper | Within 20 business days upon receipt of a request. |
| Type of service | Service Standard |
|---|---|
| On notifying the Commissioner, under subparagraph 12(b)(i) of the Patent Rules, of the intention to sit for the whole or any part of the qualifying examination, per paper | Notify applicant in writing of eligibility in response to filing of application under s. 12 of Patent Rules to write Patent Agents Qualification Exam within 20 business days upon receipt of application and fee under normal circumstances. |
| On notifying the Registrar, under subparagraph 18(b)(i) of the Trade-marks Regulations, of the intention to sit for the qualifying examination | Notify applicant in writing of eligibility in response to filing of application under s. 18 of Trade-marks Regulations to write Trade-marks Agents Qualification Exam within 20 business days upon receipt of application and fee under normal circumstances. |
| On requesting re‑examination of a claim or claims in a patent under subsection 48.1(1) of the Patent Act (small entity) | Notify patentee in writing of appointment of re-examination board and send copy of re-examination request (if applicable) in response to receipt from small entity of request compliant with provisions of s. 48(1) and (2) of Patent Act and s. 45 of Patent Rules within 45 business days upon receipt of compliant request and fee under normal circumstances. |
| On requesting re-examination of a claim or claims in a patent under subsection 48.1(1) of the Patent Act (large entity) | Notify patentee in writing of appointment of re-examination board and send copy of re-examination request (if applicable) in response to receipt from large entity of request compliant with provisions of s. 48(1) and (2) of Patent Act and s. 45 of Patent Rules within 45 business days upon receipt of compliant request and fee under normal circumstances. |
On presenting an application to the Commissioner under subsection 65(1) of the Patent Act
|
Notify applicant in writing of receipt of application compliant with provisions of s. 68(1) of Patent Act alleging abuse of patent rights within 15 business days upon receipt of compliant application and fee(s) under normal circumstances. |
| On requesting an advertisement of an application under subsection 65(1) of the Patent Act in the Canadian Patent Office Record in accordance with subsection 68(2) of the Act | Publish advertisement in Canadian Patent Office Record of application under s. 65(1) of Patent Act within 20 business days upon receipt of compliant request and fee under normal circumstances. |
| On requesting a copy of an audio magnetic tape | Send copy of audio magnetic tape in response to request under item 28 of Schedule II, Tariff of Fees, Patent Rules within 10 business days upon receipt of compliant request and fee under normal circumstances. |
| On requesting a transcript of an audio magnetic tape, for each page in the transcript | Send transcript of audio magnetic tape in response to request under item 29 of Schedule II, Tariff of Fees, Patent Rules within 30 business days upon receipt of compliant request and fee under normal circumstances. |
| 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. |
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. |
- Date modified:
