Canadian Intellectual Property Office to implement fee increases in 2024

There will be a one-time 25 percent increase to most CIPO fees

Canadian Intellectual Property Office to implement fee increases in 2024

The Canadian Intellectual Property Office (CIPO) will implement fee increases effective January 1, 2024, to combat its current structural deficit and ensure financial sustainability.

CIPO has not undergone a comprehensive fee review since 2004 or substantively adjusted its fees. The office does not receive annual funding for its operations from the Government of Canada. Instead, it is fully funded through its revenues through service fees.

CIPO is facing a critical financial position due to an almost 30 percent inflation since 2004, labour costs, application volumes, and necessary capital investments. CIPO said that the fee adjustments are essential to support Canada's intellectual property strategy, meet growing demand, fulfill trade and treaty obligations, provide internationally comparable services, and address critical capacity and technological investments needed to deliver improved services to CIPO's clients.

Key details of the fee adjustment include a one-time 25 percent increase to most CIPO fees and an annual fee adjustment following the requirements of the Service Fees Act. However, the 25 percent increase will not apply to "small entity" patent fees for Canadian small businesses. The Patent Rules definition of a small entity has expanded to include an entity that employs less than 100 employees.

CIPO's fee adjustment encompasses various intellectual property categories, including patents, trademarks, copyrights, industrial designs, geographical indications and official marks, and integrated circuit topographies. Some clients have received CIPO correspondence with payment deadlines expiring in 2024.

Before drafting a fee proposal, CIPO held preliminary consultations in August 2021 with key stakeholder groups, including the Intellectual Property Institute of Canada, the Fédération Internationale des Conseils en propriété intellectuelle and the Canadian Bar Association. CIPO also initiated a public consultation in March 2022, incorporating feedback from clients and stakeholders, leading to the publication of final regulations in June 2023.

CIPO is encouraging its clients and stakeholders to familiarize themselves with the adjusted fee amounts, effective January 1, 2024, by consulting CIPO's fee pages.

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