How often are Canadian patent maintenance fees due?
Canadian maintenance fees are due annually, starting on the 2nd anniversary of the filing date and continuing every year until the patent expires at 20 years. This differs from the US, which charges only three lump-sum fees. Missing a Canadian annuity, even after the grace period, causes the patent to lapse.
How much are Canadian patent maintenance fees?
Fees escalate with the patent's age. For a standard entity in 2024, they are roughly $100 per year for years 2–4, $210 for years 5–9, $263 for years 10–14, and $473 for years 15–20. Small entities pay about half. Over the full term this can total several thousand dollars.
What happens if I miss a maintenance fee in Canada?
If you miss the due date, CIPO issues a notice and you have a grace period (typically to the later of 6 months from the notice or 12 months from the original date) to pay the fee plus a late fee. Failing to pay within that window causes the patent to be deemed expired, though reinstatement may be possible with due-care requirements.
Do small entities pay lower maintenance fees?
Yes. Applicants qualifying as a small entity (50 or fewer employees, or a university, not obligated to a large entity) pay roughly half the standard maintenance fees. Status must be claimed correctly; errors can affect the validity of the patent, so verify eligibility at each payment.