Remissions at CIPO
From: Canadian Intellectual Property Office
Learn more about the remission processes and procedures at the Canadian Intellectual Property Office (CIPO).
About remissions at CIPO
The Service Fees Act requires CIPO to remit a portion of a fee, also known as a remission, when a service standard is determined not to have been met and a remission is warranted.
The Innovation, Science and Economic Development Canada (ISED) Remission Policy includes CIPO's Program Annex which sets out how the principles and requirements of the ISED policy are applied within CIPO.
You cannot apply for a remission. Should CIPO determine that the service standard associated with a fee has not been met and a remission is warranted, CIPO will inform the authorized correspondent of the portion of the fee to be remitted based on the degree to which the service standard was not met (e.g., missed by 50% or less, or more than 50%). In the case of fees paid by a third party not acting on behalf of the applicant or rightsholder, the remission letter and remission will be sent to them.
Fees eligible for remission
Remissions only apply to CIPO fees that are subject to section 7 of the Service Fees Act.
Remissions do not apply to "low-materiality fees" as defined in the Low-materiality Fees Regulations. Services for which the fee is eligible for a remission are indicated with an asterisk on CIPO's client service standards page.
The service request must be compliant with the applicable law, regulations, and office practices, and be requested on or after .
The following factors will be taken into consideration when assessing whether a remission is warranted:
- Any circumstances beyond CIPO's control that may impact its ability to meet the standard (for example, unexpected office closures or extended periods of technical or IT failures);
- Any role that the party who requested the service may have played in the standard not being met.
How you will be notified
Should a service not meet the service standard and it is determined that a remission is warranted, CIPO will inform the authorized correspondent that they are entitled to a remission of a portion of the fee.
If there is an appointed agent on record, the letter of remission will be sent to the agent acting on your behalf at the time of the remission. In the case of fees paid by a third party not acting on behalf of the applicant or rightsholder, the remission letter and remission will be sent to them.
CIPO will send a letter with details on the remission, including the service standard that is not met, the remission amount, and the procedure for refusing a remission.
Refusing remission of a fee
You can refuse the remission of a fee by replying to the letter that you received within 1 month. Instructions on how to refuse a remission can be found in the letter of remission. Please note that it is not possible to refuse in advance any potential remissions for which you may be entitled to in the future.
The amount to be remitted
The amount to be remitted depends on the degree to which the service standard was not met.
The portion of a fee to be remitted by CIPO will be determined as follows:
|Remission amount||25% of fee paid||50% of fee paid|
|Degree that the service standard was not met||Service standard missed by 50% or less of standard||Service standard missed by more than 50% of standard|
When you will receive the remission
Remissions that are not refused within 1 month from the date of the correspondence will be sent before July 1 of the following fiscal year. Remissions will be made using cheque or direct deposit, as applicable.
If you have any questions regarding remission processes and procedures at CIPO or require further assistance, please contact our Client Service Centre.
- Service Fees Act
- Low-materiality Fees Regulations
- CIPO Client Service Standards
- ISED Remission Policy
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