On 1 June 2023, the Canadian Intellectual Property Office (CIPO) introduced amendments to fee schedules set out in the Patent Rules, Trademarks Regulations, Industrial Design Regulations and Copyright Regulations, which will take effect by 1 January 2024. Kristin AuCoin and Sanjukta Tole report for Class 46.

The amendments are generally in line with fee increases put forward by CIPO for public consultation earlier this year – approximately 25% increase, on average, per fee type. Fees under the Trademarks Regulations to file an application in one class have increased from $347.35 to $458, resulting in more than a 30% increase.

Government fees for filing a patent application by a regular applicant will increase similarly from $400.00 to $555.00 as of 1 January 2024.

Small entities

Notably, small entity applicants under the Patent Rules will see less dramatic increases for many fees compared to their standard applicant counterparts. For example, patent application fees for small entity applicants will only increase from $200.00 to $225.00 in 2024.

CIPO is also expanding the definition of a small entity from those that have 50 or fewer employees to those that have fewer than 100 employees. Universities will continue to enjoy their status as small entities.

These fee increases will still be subject to annual adjustments in accordance with inflation under the Service Fees Act after the 2024 calendar year.

Service improvements

According to CIPO, the fee adjustments reflect the rising costs of providing services, improving its capacity, and addressing technological deficits, and allow CIPO to bring its services in line with internationally comparable services.

CIPO has taken several measures to improve services, including recently making all documents of the Trademarks Office publicly available online.

However, given the imminent rise in fees, we encourage entities with IP portfolios in Canada to capitalise on the current lower fees prior to 1 January 2024, particularly for entities who wish to file multi-class trade mark applications or requests to renew multi-class registrations that qualify, and entities with over 100 employees who wish to file patent applications in Canada.

Kristin AuCoin and Sanjukta Tole are members Dickinson Wright LLP and Sanjukta is a member of the MARQUES International Trade Mark Law and Practice Team