Canadian Intellectual Property Office Increases Fees Effective January 1, 2024
As of January 1, 2024, the Canadian Intellectual Property Office (CIPO) will be increasing most of its fees by 25%. Filing fees, renewal fees, opposition filing fees, as well as fees for initiating summary expungement proceedings and recording trademark assignments will all be raised.
The adjustment does not apply, however, to “small entity” patent fees for Canadian small businesses.The definition of “small entities” will be expanded to include those employing fewer than 100 employees, rather than the previous 50 employee-limit as defined in the Patent Rules.
The exact fees applicable, both prior to and following the effective date, can be found on the CIPO’s website for patents, trademarks, copyright, industrial designs, integrated circuit topographies, and geographical indications and official marks. The official regulations containing the adjustments can also be viewed in Part II of the Canada Gazette.
Rationale for Fee Increase
The CIPO released a statement emphasizing it does not receive annual government funding, but is “fully funded” by revenues generated from service fees. The CIPO indicated it has not substantively adjusted its fees since 2004, and is in a “critical financial position” owing to a number of operational and financial factors, including “almost 30% inflation”. The fee adjustment is purported to support Canada’s Intellectual Property (IP) Strategy, namely to meet growing demands, fulfill trade and treaty obligations, provide internationally comparable services, and address the critical capacity and technological investments needed to improve service provision to CIPO clients.
Looking Forward
Where possible, to avoid the fee increase, IP owners should consider expediting applications for patents, trademarks, industrial designs and copyrights. Those with upcoming renewals or contemplated administrative proceedings are encouraged to address such matters before January 1, 2024.
For further information concerning the upcoming fee increase, or for assistance with applications and renewals, please contact any member of our Intellectual Property Group.
The author would like to thank Emily Groper, Articling Student-At-Law, for her assistance in writing this Update.
Authors
Insights
-
Intellectual Property
Goodmans Wins Leading IP Law Firm – IP Patents at the Lexology Awards: North America 2024
We are proud to share Goodmans has won Leading IP Law Firm - IP Patents at the Lexology Awards: North America 2024. These awards celebrate outstanding achievements and world class client… -
Intellectual Property
Protecting Heads and the Ideas Inside: Yamaha’s Augmented Reality Helmet
A Yamaha patent application has been published for a new design of an augmented reality (AR) motorcycle helmet. The design introduces transparent lenses, which aim to combine the power of the AR… -
Intellectual Property
Bad Bunny Hops into Legal Battle Over Concert Clips
Bad Bunny has reportedly sued a concertgoer for uploading extensive footage of his Utah concert to YouTube. The legal action, filed in California, marks a rare escalation in disputes typically… -
Intellectual Property
Food for Thought: IP Battle Over Butter Chicken
The Delhi High Court reportedly had its initial hearing of Rupa Gujral and Ors v. Daryaganj Hospitality Private Limited and Ors in early 2024. The plaintiff, a famous restaurant chain, Moti Mahal… -
Intellectual Property
Keeping Up With Counterfeits: Kim Kardashian Sued For Knock-Off Dining Tables
Kim Kardashian and her interior design firm, Clements Design, are reportedly being sued by the Judd Foundation for promoting “cheap knockoffs” of one of Judd’s most renowned designs, a dining table… -
Intellectual Property
Mbappé Attempts to Trademark Soccer Celebration Pose
French soccer star, Kylian Mbappé, has sought trademark protection over a logo depicting his iconic goal celebration. The logo is a black and white image of Mbappé standing with his hands tucked…
Featured Work
-
Mergers and Acquisitions
Apotex Inc. acquires Searchlight Pharma Inc.
Goodmans LLP advised Apotex Inc. in connection with its acquisition of Searchlight Pharma Inc… -
Mergers and Acquisitions
FASHIONPHILE acquires Two Authenticators Business
Goodmans LLP acted for FASHIONPHILE, LLC in connection with its purchase of the assets of Two Authenticators Inc… -
Mergers and Acquisitions
Minute Media acquires STN Video
Goodmans LLP acted for Minute Media, a leading global technology and sports content company, in relation to its acquisition of STN Video, a North American industry leader in sports content… -
Banking and Financial Services
Finastra Group $5.32 billion refinancing
Goodmans LLP acted for Finastra International Limited in the full refinancing of its existing credit facilities and restructuring of its capital structure… -
Mergers and Acquisitions
Coinsquare, WonderFi and CoinSmart close business combination
Goodmans LLP acted for Coinsquare Ltd. in its business combination transaction with WonderFi Technologies Inc. and CoinSmart Financial Inc… -
Mergers and Acquisitions
Docebo Inc. acquires Edugo.AI
Goodmans LLP acted for Docebo Inc. (“Docebo”) in its acquisition of Edugo.AI (“Edugo”), a Generative AI-based Learning Technology that uses advanced Large Language Models and algorithms to optimize…
News & Events
-
Intellectual Property
Goodmans Awarded at the Lexology Awards: North America 2024
We are proud to share Goodmans has won Leading IP Law Firm - IP Patents at the Lexology Awards: North America 2024. These awards celebrate outstanding achievements and world class client service… -
Technology
Goodmans Recognized in the Lexpert Special Edition: Technology and Health Sciences 2024
We are delighted to announce the Lexpert Special Edition: Technology and Health Sciences 2024 once again features Goodmans lawyers among Canada's top-ranked experts.Congratulations to… -
Intellectual Property
IAM Patent 1000 Continues to Honour Goodmans with Gold Tier Recognition
We are pleased to share the 2024 edition of IAM Patent 1000 has once again honoured Goodmans LLP with Gold tier recognition. Congratulations to our IP Group, and to the Goodmans lawyers…