ARTICLE · 09 MAY 2024

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Rules Amending The Patent Rules Account For Inaccurate Maintenance Fees Published By CIPO

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The Canadian Intellectual Property Office ("CIPO") mistakenly published incorrect maintenance fee details, indicating that fees for the second, third and fourth anniversary...

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Alicia Servello (Articling Student)

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The Canadian Intellectual Property Office ("CIPO") mistakenly published incorrect maintenance fee details, indicating that fees for the second, third and fourth anniversary small entity maintenance fees were fixed at $50, rather than $56.21. This discrepancy arose due to the requirements of the Service Fees Act, which mandates adjustments for inflation. The accurate fee, factoring in these adjustments, stands at $56.21.

In order to safeguard applicants and patentees against inadequate fee payments caused by erroneous information provided by the Commissioner of Patents ("Commissioner"), Rules Amending the Patent Rules ("Rules") were hastily registered on March 25, 2024.

The Rules will amend paragraphs 3(4)(c) and (d) to recite:

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