In Canada, patents require annual maintenance fees to remain in force for a maximum term of 20 years from the filing date. These fees are due on the anniversary of the filing date each year, starting from the second anniversary.
Important Distinction: Unlike many other systems, Canadian maintenance fees are required even while the application is pending, not just after grant. Missing a fee during prosecution will cause the application to go abandoned.
Example: For an application filed on May 10, 2023, the fee for the 2nd year is due by May 10, 2025.
| Patent Year (from filing date) | Small Entity Fee (CAD) | Standard Entity Fee (CAD) | Payment Deadline |
|---|---|---|---|
| Year 2 | $50 | $100 | On the 1st anniversary of the filing date |
| Year 3 | $100 | $200 | On the 2nd anniversary |
| Year 4 | $100 | $200 | On the 3rd anniversary |
| Year 5 | $200 | $400 | On the 4th anniversary |
| Year 6 | $200 | $400 | On the 5th anniversary |
| Year 7 | $300 | $600 | On the 6th anniversary |
| Year 8 | $300 | $600 | On the 7th anniversary |
| Year 9 | $400 | $800 | On the 8th anniversary |
| Year 10 | $400 | $800 | On the 9th anniversary |
| Year 11 | $500 | $1,000 | On the 10th anniversary |
| Year 12 | $500 | $1,000 | On the 11th anniversary |
| Year 13 | $600 | $1,200 | On the 12th anniversary |
| Year 14 | $600 | $1,200 | On the 13th anniversary |
| Year 15 | $800 | $1,600 | On the 14th anniversary |
| Year 16 | $800 | $1,600 | On the 15th anniversary |
| Year 17 | $1,000 | $2,000 | On the 16th anniversary |
| Year 18 | $1,000 | $2,000 | On the 17th anniversary |
| Year 19 | $1,200 | $2,400 | On the 18th anniversary |
| Year 20 | $1,200 | $2,400 | On the 19th anniversary |
Total fees to maintain a patent for the full 20-year term:
Small Entity: $10,450 CAD | Standard Entity: $20,900 CAD
1. Entity Status: Canada has a Small Entity (individuals, universities, companies with β€50 employees) and Standard Entity system. Status must be correctly declared.
2. Payable During Prosecution: Fees must be paid starting from the 2nd year even if the patent has not yet been granted. Non-payment leads to abandonment.
3. Reinstatement: An abandoned application can be reinstated within 12 months by paying the fee and a reinstatement fee.
4. No Utility Model: Canada does not have a utility model system.
The Canadian industrial design system is significantly different. Protection lasts for a maximum of 15 years from the registration date. A single renewal fee is required to extend the initial 10-year term for a final 5-year period. There are no annual fees.
Payment Deadline: The renewal fee must be paid before the 10th anniversary of the registration date.
| Action / Period | Small Entity Fee (CAD) | Standard Entity Fee (CAD) | Payment Deadline |
|---|---|---|---|
| Initial Registration | Included in application & examination fees | Included in application & examination fees | Upon filing & request for examination |
| Renewal (Extends term from Year 11 to Year 15) | $185 | $370 | Before the 10th anniversary of the registration date |
1. Single Payment: Only one official fee is required to secure the full 15-year termβthe renewal fee before Year 11.
2. No Grace Period: The renewal deadline is strict. If the fee is not paid by the 10th anniversary, the registration expires and cannot be reinstated.
3. Novelty Requirement: Canada has an absolute novelty requirement. Public disclosure anywhere before filing will generally invalidate the design.
1. Prosecution Calendar is Critical: For patents, track filing date anniversaries from Year 2 onward, regardless of grant status.
2. Verify Entity Status at Each Payment: If a company grows beyond 50 employees, its status changes to Standard Entity for all future fees.
3. Leverage the 12-Month Reinstatement Window (Patents): A safety net exists but should not be relied upon.
4. Mark the 10-Year Design Cliffhanger: Set a reminder for the 9th year after registration to prepare for the one-time renewal fee.
5. Use CIPO's Online Services: Electronic filing and correspondence are mandatory for resident agents.
Disclaimer: The fees listed are based on the Canadian Intellectual Property Office (CIPO) fee schedule as of 2025. Fees are subject to change. The Small Entity fees apply only when the applicant qualifies as a "Small Entity". This information is for guidance only. Always verify the latest official rates and rules on the CIPO website before making payments.
