Increase in Government Fees in Canada
Canadian filing and other fees for IP matters will increase on January 1, 2004. The Canadian Intellectual Property Office (CIPO) has not implemented an increase in fees since 1985 with respect to trade marks and industrial designs; 1989 with respect to patents and 1997 with respect to copyrights. While some fees appear to have increased fairly significantly, such fees are generally still less than those charged by intellectual property authorities in other countries.
The new government fees will apply to all pending applications regardless of whether or not the application was filed, granted or registered prior to January 1, 2004. Any government fees due after January 1, 2004 can be paid prior to this date under the current fee schedule. A discussion of the most notable changes follows. A full listing of the fee changes can be located by visiting the CIPO website at http://strategis.gc.ca/engdoc/main.html
Patents
With respect to patents, the increase in government fees from $300.00 to $400.00 for filing an application and from $400.00 to $800.00 for requesting examination are probably the most significant. Clients planning on filing applications for new patents or requesting examination should consider doing so, if possible, prior to January 1, 2004. Maintenance fees will also increase from a range of $100.00 - $400.00 (based on year) to $100.00 - $450.00 (based on year).
Trade Marks
The government fee for filing a trade mark application will double to $300.00 if filed manually, although a $50.00 discount is available if filed electronically. A similar electronic filing incentive is available with respect to renewals, where the fee will increase to $400.00 if filed manually but only $350.00 if filed electronically. Clients planning on making trade mark filings, or any renewals, in Canada should do so, prior to January 1, 2004, if possible to avoid the fee increase. Another significant increase is the cost of filing a statement of opposition, which will change from $250.00 to $750.00. Any renewals due in 2004 can be filed in 2003, saving up to $100.00 per mark. Bereskin & Parr already handles most trade mark filings and renewals electronically. Other important changes noted are:
- the fee for requesting recordal of a merger, change of name or amalgamation will increase from $25.00 to $50.00, per mark
- the fee for requesting recordal of an assignment will increase from $50.00 to $100.00, per mark
- the fee for requesting an extension of time will increase from $50.00 to $125.00
Industrial Designs
The filing fee for an industrial design application will increase significantly from $160.00 to $400.00, with a $10.00/page surcharge for each page over 10. In addition, maintenance fees will increase from $215.00 to $350.00 and recordal of an ownership document will increase from $35.00 for the first design and $15.00 thereafter to $100.00.
Copyrights
The most significant change in copyright fees is that there will be a $15.00 discount if the application for registration of copyright is filed electronically.
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