How much does it cost to file a patent in Canada?
CIPO government fees for a standard entity are approximately $592 to file plus $1,020 to request examination (2024). Small entities pay roughly $237 and $408. However, patent agent drafting and prosecution fees typically add $5,000 to $12,000, making professional fees the dominant cost of obtaining a Canadian patent.
What is a 'small entity' in Canadian patent law?
A small entity is an applicant that employs 50 or fewer people, or is a university, and is not controlled by or under obligation to a large entity. Small entities qualify for reduced CIPO fees, roughly 40% of the standard rate. Claiming small entity status incorrectly can invalidate the patent, so verify eligibility carefully.
When must I request examination in Canada?
You must request examination and pay the examination fee within 4 years of the Canadian filing date. Unlike the US, examination is not automatic in Canada. If you miss the deadline the application is deemed abandoned, although reinstatement may be possible within a limited window with a fee.
Are there excess claim fees in Canada?
Yes. Since the 2022 fee reforms, CIPO charges an excess claim fee for each claim over 20, assessed at the time the application is allowed. Standard entities pay $100 per excess claim and small entities pay $40. Drafting fewer, broader claims can reduce this cost.