How to Renew a Patent in Canada?
In order to maintain a patent application and any granted patent thereafter, a renewal fee must be paid to the Canadian Intellectual Property Office (CIPO) on an annual basis. The first renewal fee of a patent application is due on the second anniversary of the filing date. Thereafter, annual renewal fees apply up until the 19th anniversary of the filing date.
For example, if the filing date of a patent is 2012-12-06, you will only have to settle the renewal fee from 2014-12-06 onward.
Renewal Fees by Intellectual Property Type
In Canada, there are 2 types of intellectual property. At PatentRenewal.com, we have all of the necessary tools and procedures to ensure that both types can be renewed through us.
Intellectual Property Type #1 - Canadian Standard Entity and Small Entity Patents
Apart from the regular standard maintenance fee payments, certain fees for obtaining and maintaining a patent are reduced by 50% for small businesses and universities to encourage them to use the Canadian patent system. A small entity is defined as one that employs 50 or fewer employees or that is a university. For further details on the cost breakdown, please refer to the fees table.
Intellectual Property type #2 - Canadian Designs
A Canadian design right is valid until the final stages of its 10th year after registration, and 15 years from the Canadian filing date. In order to maintain protection beyond the initial 5 year period, a maintenance fee of $364.50 CAD must be paid by the owner or the appointed agent at any point within 5 years of registration. If the maintenance fee is not received before the 5 year expiry date, an additional 6 month period is given to settle payment. Any late payment incurred during the 5 year and 6 month period, will include an additional fee of $50 CAD.
If the design is not maintained within 5 years and 6 months, the protection will end immediately the next day. The registration will no longer be maintained, and no one will be able to apply for a new registration of the same industrial design.