Prokurio Logo

1-800-473-8102
1-248-282-6451

Upcoming Changes to Canadian Patent Application Fees

New Rules Impacting Canadian Patent Application Costs This Fall

On October 3, 2022, several patent application changes will come into effect in Canada as a result of recent amendments to Canada’s Patent Rules. The amendments contain a number of provisions aimed at changing applicant behaviour in an effort to streamline examination before the Canadian Intellectual Property Office (CIPO) and also introduce several (potential) new fees to the application process. One of the most noteworthy new fees involves new fees for excessive claims.  

Excess Claim Fees

Today, there are no fees for the number of claims within a patent application in Canada. This will change in October, when the number of claims will be evaluated twice against a maximum threshold of 20. First, when examination is requested, CAD $100 will be payable for each claim in excess of 20. Second, at the time of payment of the final fee, applicants must pay CAD $100 for each claim in excess of 20 which were included in the application at any time between requesting examination and paying the final fee, and that were not paid for at the time of requesting examination. Small entities will be charged CAD $50.

Claims Are Counted Throughout The Prosecution Process

While the fees are evaluated at examination and time of payment of final fees, the count of claims are tracked throughout the prosecution process. If your claim count exceeds 20 during the prosecution process, you will be liable for the excess, even if your claim count returns to 20 when the final fees are due. 

Applications Already in Process

Applicants with pending applications can avoid the new excess claims fees by requesting and paying for examination prior to October 3rd. 

Additional Changes to Canadian Rules

There are a number of additional changes which will take effect as a result of the amendments, including a new Request for Continued Examination (“RCE”) process. We will cover these additional changes in an upcoming post. You can find the details on all of the upcoming changes on the Canadian Patent Office website here.

Disclaimer

This post is strictly informational and is not intended to be, and should not be relied upon as legal advice. Please consult a patent attorney for specific advice regarding any intellectual property matters. 

Share This Post

More To Explore

patent annuity vendor checklist
Currency Costs

Patent Annuity Vendor Selection Best Practices

We’re working with a number of companies who are switching or preparing to switch patent annuity providers, so this weekend,  we thought we’d compile our

Site Update

IP Forecaster Updates: September 17th

This week, we focused on improving our forecast results.  You can now email forecasts, and saving and sharing forecasts is much simpler. We’ve also made

Have Questions?

drop us a note and we'll get back to you

Get In Touch

Let us know how we can help, and we’ll get back to you shortly!
small_c_popup.png

Prokurio Scheduler

Select a day and time and we'll send you an invite

cropped-Prokurio-Logo-5.png

Thanks For
Signing up!

We'll send you an email confirmation shortly - check your SPAM folder if you don't see it within 10 minutes.

small_c_popup.png

Thanks For
Sharing Your Idea!

We'll send you a quick confirmation shortly - check your SPAM folder if you don't see it within 10 minutes.

Have An Idea?

Let us know your thoughts or ideas, and we’ll evaluate them for our roadmap. 
small_c_popup.png

Prokurio Scheduler

Select a day and time and we'll send you an invite

small_c_popup.png

Thanks For
Reaching Out!

We'll send you an email confirmation shortly - check your SPAM folder if you don't see it within 10 minutes.

small_c_popup.png

Thanks For Signing Up!

We'll send you an email confirmation shortly - check your SPAM folder if you don't see it within 10 minutes.

small_c_popup.png

Let's Do It!

Give us your email if you'd like to help us test IP Forecaster. We'll shoot you a confirmation email - check your SPAM folder if you don't see an email within 10 minutes.

There's no cost or long-term obligation.

Prokurio Logo with name

We've Got a Lot To Share!

We send out a quick weekly IP-focused update every Friday and relevant updates on our launch progress.
We won’t SPAM you, and don’t worry about getting a steady stream of sales pitches – we hate that stuff.  
small_c_popup.png

Thanks For
Signing Up!

You should receive an email confirmation shortly - check your SPAM folder if you don't see it within 10 minutes.