Author: Joe Conneely, Conneely PC
A Canadian patent application is subject to annual maintenance fees. The first maintenance fee is due on the second anniversary of the filing date in Canada. For PCT national phase entry applications, the filing date is the International Filing Date. As such, depending on the date, the second anniversary maintenance fee may be payable upon national phase entry in Canada. An issued Canadian patent is subject to annual maintenance fees as well. The due date for the annual maintenance fee for an issued Canadian patent is the anniversary of the filing date of the corresponding application.
If the maintenance fee for a patent application is missed, the application will become abandoned as of the due date of the missed maintenance fee. However, the patent application may be reinstated within one year of the date of abandonment upon filing a request for reinstatement, the prescribed reinstatement fee (currently CA $200.00), and the missed maintenance fee. Similarly, if the maintenance fee for an issued patent is missed, the patent will lapse unless the maintenance fee and the prescribed additional fee for late payment (currently CA $200.00) is paid within one year of the due date of the missed maintenance fee.
Maintenance fees for both pending patent applications and issued patents increase over the 20 year lifetime of the application or patent. In addition, the amount of the maintenance fee depends on the status of the applicant, that is, whether the applicant is a standard entity or whether the applicant has claimed small entity status. The maintenance fees prescribed by the Canadian Patent Rules are currently as follows (standard entity):
- 2nd to 4th anniversaries: CA $100.00
- 5th to 9th anniversaries: CA $200.00
- 10th to 14th anniversaries: CA $250.00
- 15th to 19th anniversaries: CA$450.00
Recall that a patent protects the function of a product, that is, how the product works or how the product is made. It protects a new and non-obvious invention. The invention may relate to a new computer system, a software application, a method for making an item, a mechanical or electrical device, or a chemical composition. In addition, a patent application should be filed before the invention is publicly disclosed. Canada has a one year grace period after a public disclosure of an invention during which an application may be filed. Finally, a patent application must be filed in each country where protection is desired, for example, Canada and the United States.
For further information, or if you have any questions, please contact us.
At Conneely PC, we expertly draft, file, and prosecute patent applications. We have drafted and prosecuted patent applications covering a number of technologies including patent applications for wireless devices, energy management systems, batteries, automotive systems, mining equipment, software applications, user interfaces, electronics, communication systems, medical devices, unmanned aerial vehicles, industrial equipment, augmented/virtual reality systems, artificial intelligence systems, apparel, and wearable tech. If you need an experienced Canadian patent lawyer, agent, or attorney for prosecuting your patent applications in Canada, please contact us. By specializing, using the latest technology, and controlling overhead costs, we deliver great service for reasonable fees.
