Patent Applications - Consider Requesting Examination Now To Avoid Proposed Excess Claim Fees

In order to avoid Canada's new proposed fee for excess claims, applicants should consider requesting examination of their patent applications before the end of the year.

As previously reported, the proposed amendments to the Patent Rules, more details available here, are likely to come into force in early 2022.

If the new Rules are implemented, the new "excess" claim fees will be applied at two points in the application process:

1. At the time of making a request for examination ($100 per excess claim over the first 20 claims); and/or
2. At the time of payment of the final fee ($100 per excess claim) for "excess" claims for which an excess claim fee was not already paid at the time of the request for examination