Important Updates on Canadian Intellectual Property Regulations

This is to advise of some significant changes to the Canadian Intellectual Property regulations. These regulations pertain to the Patent Rules, Trademark Regulations, Industrial Design Regulations, and Copyright Regulations.

Amendments to these Rules were registered on June 1st.  They incorporate government fee increases of approximately 25%, as well as an expansion of the definition of ‘small entity’. Most of the amendments will come into force on January 1, 2024.

CIPO’s Fee Schedule

The major change is that the Canadian Intellectual Property Office (CIPO) stated that they are proposing to adjust most fees by 25% over the 2024 fees. This is to address its current structural deficit situation and return the organization to a position of financial stability.

Expansion of ‘Small Entity’ Definition

One of the key changes is the expansion of the definition of ‘small entity’. Previously, businesses with less than 50 employees were considered small entities. However, with the new amendments, this definition has been expanded to include businesses with less than 100 employees.

Changes to the Patent Rules

Furthermore, the rules now require the applicant to make a request for continued examination and pay the prescribed fee after three notices have been sent to the applicant.

We understand that these changes may have implications for your business.  We are here to help you navigate through them. Please do not hesitate to reach out if you have any questions or need further clarification on these amendments.

For More Information See:

• The official regulations can be viewed in Part II of the Canada Gazette
• The Canadian Intellectual Property Office’s article: What you need to know about upcoming changes to CIPO’s fees