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Canada is part of the World Intellectual Property Organization (WIPO). In order for a WIPO industrial design to be enforced in Canada, the industrial design must be granted by the WIPO. During the application process, renewal fees are not due. Once an industrial design is granted, the renewal fee is paid to the WIPO. The lifespan that apply to a national Canadian industrial design also apply to a WIPO industrial design, which will be described in detail below.
Renewal fees in Canada must be paid by certain dates to either the WIPO or to the Canadian Intellectual Property Office (CIPO), depending on where the industrial design was filed.
In this section you will find a description of how these renewal due dates are calculated, both the very first renewal due date and all subsequent renewal due dates.
If the industrial design was filed at the WIPO, once granted, the first renewal is paid in the fifth year from the filing date, to the WIPO.
For example, if the grant date is 2022-01-20, and the filing date is 2020-03-01, the first renewal must be paid by 2025-03-01.
After the first renewal has been paid, all subsequent renewals must be paid every 5 years. The due date should be the month and date corresponding to the filing date.
For example, if the filing date was on November 9, then all subsequent annuities will be due on November 9 every five years.
If the industrial design was filed at the Canadian Intellectual Property Office (CIPO), the renewal fee must be paid in the fifth year from the grant date to the Canadian Intellectual Property Office (CIPO).
For example, if the grant date is 2020-07-15, the renewal will be due by 2025-07-15.
The due date should be the month and date corresponding to the grant date.
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In Canada, industrial designs are just one form of intellectual property. Other important IP rights include patents and trademarks. Explore our patent and trademark renewal pages for country-specific guidance and official fee information.
If you need any help renewing industrial designs, patents or trademarks and are looking for a cost-efficient solution, get in touch with us.
The renewal fees for industrial designs in Canada vary depending on whether the industrial design is a national registration or an international registration through the WIPO. For international registrations, fees also depend on the number of industrial designs in the application and whether it is a family registration.
Renewal fees must be paid in Canada regardless of whether the industrial design is registered or not. You can find the rules for calculating the renewal due dates above in the Due Dates section.
The renewal fee in Canada can be paid at any time before the renewal due date. Technically, all annuities can be paid at the same time, meaning that you will only have to pay one, large sum of renewal fee.
Yes, it is possible to renew a Canadian industrial design after its renewal due date. If you fail to pay the renewal fee before the due date, a grace period of 6 months is given wherein the renewal fees can still be settled. When entering the grace period you will incur a surcharge fee to be settled along with the renewal fee. If you wish to maintain the industrial design, both the renewal fee and the surcharge fee will have to be settled. For example, if an industrial design has a renewal due date of 2021-05-31 and the due date is missed, the industrial design will enter the grace period from 2021-06-01. After this point both the renewal fee and the surcharge fee will need to be settled by 2021-11-30. Failure to pay these fees before the surcharge due date will result in the industrial design lapsing.
An industrial design will stay in force for 15 years in Canada from the filing date if successfully renewed. Failure to pay the renewal fees will result in the industrial design lapsing.
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