Canadian Intellectual Property Office Publishes Proposal for Increased Fees and Regulatory Impact Analysis Statement
Proposed regulations by the Canadian Intellectual Property
Office (“CIPO”) to adjust fees were published in Part I of the Canada Gazette
on December 31, 2022. The adjustments will see fees increase by 25 per cent in
most cases, and will be rounded to the nearest whole dollar amount. (The most
recent fee adjustments, to accord with the Service Fees Act, resulted in
partial dollar amounts that were not generally well-received.) CIPO considers
these adjustments as necessary to counter the inflation seen since its last
substantive fee adjustments in 2004. The published fee adjustments are
responsive to a previous public consultation held in April of 2022.
The fee adjustments are expected to take effect on January 1,
2024, and will not apply to small entity patent applicants. (We note that the
definition of “small entity” will also be amended to increase the qualifying number
of employees from 50 to less than 100.)
CIPO has published its Regulatory Impact Analysis Statement (“RIAS”) concerning the fee
adjustments, and encourages those interested to review the RIAS prior to
providing feedback. The consultation will be open to the public until January
30, 2023. Those wishing to provide feedback on the proposal can do so using the Canada Gazette commenting
feature, found at the link to the RIAS above, under the heading “Add a comment
for the General Comment section.” Any comments provided will be posted online after the comment period
closes.