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Update On CIPO Fee Increases

patent, patent rules

Update On CIPO Fee Increases

UPDATE ON CIPO FEES INCREASE

The Canadian Intellectual Property Office (CIPO)’s proposed regulations to adjust fees have been published in Part I of the Canada Gazette.

The Gazette is an official Government publication designed to give public notice, hence an homage to the notion that ignorance of the law is no excuse.

The complete regulatory package can be reviewed by referring to “Industry, Dept. of” under the Proposed Regulations section.

CIPO is now seeking Regulatory Impact Analysis Statement stakeholder review, and requesting feedback on the proposal by way of the new commenting feature.

This consultation is open to the public until January 30, 2023.

For the time being and otherwise, to determine exact fees payable on any action undertaken at CIPO, you should consult the CIPO payments and fees page.

The CIPO payment and fees page provides up-to-date fees for both prior to, and after January 1, 2023.

CIPO intellectual property (IP) service fees have not been substantively updated since 2004.

The stability in fees of course failed to account for 18 years of inflation, putting aside recent spectacular Government failures concerning inflation and financial performance.

That stability also ignored the ever-increasing cost of Government worker salaries and benefits, all of which easily outpace private sector costs.

This has apparently resulted in a structural deficit where revenues from fees no longer cover the costs required to deliver services.

To address this, CIPO is proposing to increase most fees by 25% in an effort to catch up with almost 30% inflation since 2004.

The present feedback sought is pursuant to the feedback received from an April 2022 public consultation.

Fee Page

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