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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - CANADA

Rules Respecting the Patent Act
JUS-96-460-01 (SOR/DORS)


SCHEDULE II (Section 3)

TARIFF OF FEES

PART I: APPLICATIONS Index

 

Column I

Column II

Item

Description

Fee

1.

On filing an application under subsection 27(2) of the Act:

(a) small entity

$ 150.00

(b) large entity

300.00

2.

On completing an application under subsection 94(1) or on avoiding a deemed abandonment under subsection 148(1) of these Rules:

200.00

3.

On requesting examination of an application under subsection 35(1) of the Act:

(a) small entity

200.00

(b) large entity

400.00

4.

On requesting the advance of an application for examination under section 28 of these Rules

100.00

5.

On filing an amendment under subsection 32(1) of these Rules, after a notice is sent pursuant to subsection 30(1) or (5) of these Rules

200.00

6.

Final fee under subsection 30(1) or (5) of these Rules:

(a) for applications filed on or after October 1, 1989:

(i) basic fee

(A) small entity

150.00

(B) large entity

300.00

(ii) plus, for each page of specification and drawings in excess of 100 pages

4.00

(b) for applications filed before October 1, 1989

(i) basic fee

(A) small entity

350.00

(B) large entity

700.00

(ii) plus, for each page of specification and drawings in excess of 100 pages

4.00

7.

On requesting reinstatement of an abandoned application

200.00

8.

On applying for restoration of a forfeited application under subsection 73(2) of the Act as it read immediately before October 1, 1989

200.00

 

PART II: INTERNATIONAL APPLICATIONS Index

 

Column I

Column II

Item

Description

Fee

9.

Transmittal fee under subsection 55(1) of these Rules

$ 200.00

10.

Basic national fee under paragraph 58(1)(c) of these Rules

(a) small entity

150.00

(b) large entity

300.00

11.

Additional fee for late payment under subsection 58(3) of these Rules

200.00

 

PART III: PATENTS Index

 

Column I

Column II

Item

Description

Fee

12.

On filing an application to reissue a patent under section 47 of the Act

$ 800.00

13.

On making a disclaimer to a patent under section 48 of the Act, or of the Act as it read immediately before October 1, 1989

100.00

14.

On requesting re-examination of a claim or claims in a patent under subsection 48.1(1) of the Act:

(a) small entity

1,000.00

(b) large entity

2,000.00

15.

On requesting registration of a judgment under section 62 of the Act, or of the Act as it read immediately before October 1, 1989

50.00

16.

On presenting an application to the Commissioner under subsection 65(1) of the Act:

(a) for the first patent to which the application relates

2,000.00

(b) for each additional patent to which the application relates

250.00

17.

On requesting an advertisement of an application under subsection 65(1) of the Act in the Canadian Patent Office Record in accordance with subsection 68(2) of the Act

200.00

18.

On requesting publication in the Canadian Patent Office Record of a notice listing the patent numbers of patents available for licence or sale, other than at the time of issuance of the patent, for each patent number listed

20.00

 

PART IV: GENERAL Index

 

Column I

Column II

Item

Description

Fee

19.

On requesting correction of a clerical error under section 8 of the Act, or of the Act as it read immediately before October 1, 1989

$ 200.00

20.

On giving notice to the Commissioner of a new representative or a change in address, or on supplying a new and correct address, under subsection 29(3) of the Act, or of the Act as it read immediately after October 1, 1989

20.00

21.

On requesting registration of a document under section 49 or 50 of the Act, or of the Act as it read immediately before October 1, 1989, or under sections 37, 38, 39 or 42 of these Rules:

(a) for the first patent or application to which the document relates

100.00

(b) for each additional patent or application to which the document relates

50.00

22.

On applying for an extension of time under section 26 or 27 of these Rules

200.00

 

PART V: INFORMATION AND COPIES Index

 

Column I

Column II

Item

Description

Fee

23.

On requesting information respecting a pending application under section 11 of the Act

$ 100.00

24.

On requesting information on whether a patent has issued, on the basis of an application filed in Canada and identified by a serial number

20.00

25.

On requesting a copy of a document, for each page

0.50

26.

On requesting a certified copy of a document

(a) for the certificate

35.00

(b) for each page

0.50

27.

On requesting a copy of a Canadian patent identified by any of serial numbers 1 to 445,930

4.00

28.

On requesting a copy of an audio magnetic tape

50.00

29.

On requesting a transcript of an audio magnetic tape, for each page in the transcript

50.00

 

PART VI: MAINTENANCE FEES Index

 

Column I

Column II

Item

Description

Fee

30.

For maintaining an application filed on or after October 1, 1989 in effect, under sections 99 and 154 of these Rules:

(a) payment on or before the second anniversary of the filing date of the application in respect of the one-year period ending on the third anniversary:

(i) small entity

$ 50.00

(ii) large entity

100.00

(b) payment on or before the third anniversary of the filing date of the application in respect of the one-year period ending on the fourth anniversary:

(i) small entity

50.00

(ii) large entity

100.00

(c) payment on or before the fourth anniversary of the filing date of the application in respect of the one-year period ending on the fifth anniversary:

(i) small entity

50.00

(ii) large entity

100.00

(d) payment on or before the fifth anniversary of the filing date of the application in respect of the one-year period ending on the sixth anniversary:

(i) small entity

75.00

(ii) large entity

150.00

(e) payment on or before the sixth anniversary of the filing date of the application in respect of the one-year period ending on the seventh anniversary:

(i) small entity

75.00

(ii) large entity

150.00

(f) payment on or before the seventh anniversary of the filing date of the application in respect of the one-year period ending on the eighth anniversary:

(i) small entity

75.00

(ii) large entity

150.00

(g) payment on or before the eighth anniversary of the filing date of the application in respect of the one-year period ending on the ninth anniversary:

(i) small entity

75.00

(ii) large entity

150.00

(h) payment on or before the ninth anniversary of the filing date of the application in respect of the one-year period ending on the tenth anniversary:

(i) small entity

75.00

(ii) large entity

150.00

(i) payment on or before the tenth anniversary of the filing date of the application in respect of the one-year period ending on the eleventh anniversary:

(i) small entity

100.00

(ii) large entity

200.00

(j) payment on or before the eleventh anniversary of the filing date of the application in respect of the one-year period ending on the twelfth anniversary:

(i) small entity

100.00

(ii) large entity

200.00

(k) payment on or before the twelfth anniversary of the filing date of the application in respect of the one-year period ending on the thirteenth anniversary:

(i) small entity

100.00

(ii) large entity

200.00

(l) payment on or before the thirteenth anniversary of the filing date of the application in respect of the one-year period ending on the fourteenth anniversary:

(i) small entity

100.00

(ii) large entity

200.00

(m) payment on or before the fourteenth anniversary of the filing date of the application in respect of the one-year period ending on the fifteenth anniversary:

(i) small entity

100.00

(ii) large entity

200.00

(n) payment on or before the fifteenth anniversary of the filing date of the application in respect of the one-year period ending on the sixteenth anniversary:

(i) small entity

200.00

(ii) large entity

400.00

(o) payment on or before the sixteenth anniversary of the filing date of the application in respect of the one-year period ending on the seventeenth anniversary:

(i) small entity

200.00

(ii) large entity

400.00

(p) payment on or before the seventeenth anniversary of the filing date of the application in respect of the one-year period ending on the eighteenth anniversary:

(i) small entity

200.00

(ii) large entity

400.00

(q) payment on or before the eighteenth anniversary of the filing date of the application in respect of the one-year period ending on the nineteenth anniversary:

(i) small entity

200.00

(ii) large entity

400.00

(r) payment on or before the nineteenth anniversary of the filing date of the application in respect of the one-year period ending on the twentieth anniversary.

(i) small entity

200.00

(ii) large entity

400.00

31.

For maintaining the rights accorded by a patent issued on the basis of an application filed on or after October 1, 1989, under sections 100, 101, 155 and 156 of these Rules:

(a) in respect of the one-year period ending on the third anniversary of the filing date of the application:

(i) fee, if payment on or before the second anniversary

(A) small entity

50.00

(B) large entity

100.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the second anniversary:

(A) small entity

250.00

(B) large entity

300.00

(b) in respect of the one-year period ending on the fourth anniversary of the filing date of the application:

(i) fee, if payment on or before the third anniversary:

(A) small entity

50.00

(B) large entity

100.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the third anniversary:

(A) small entity

250.00

(B) large entity

300.00

(c) in respect of the one-year period ending on the fifth anniversary of the filing date of the application:

(i) fee, if payment on or before the fourth anniversary:

(A) small entity

50.00

(B) large entity

100.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fourth anniversary:

(A) small entity

250.00

(B) large entity

300.00

(d) in respect of the one-year period ending on the sixth anniversary of the filing date of the application:

(i) fee, if payment on or before the fifth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fifth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(e) in respect of the one-year period ending on the seventh anniversary of the filing date of the application:

(i) fee, if payment on or before the sixth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the sixth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(f) in respect of the one-year period ending on the eighth anniversary of the filing date of the application:

(i) fee, if payment on or before the seventh anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the seventh anniversary:

(A) small entity

275.00

(B) large entity

350.00

(g) in respect of the one-year period ending on the ninth anniversary of the filing date of the application:

(i) fee, if payment on or before the eighth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the eighth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(h) in respect of the one-year period ending on the tenth anniversary of the filing date of the application:

(i) fee, if payment on or before the ninth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the ninth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(i) in respect of the one-year period ending on the eleventh anniversary of the filing date of the application:

(i) fee, if payment on or before the tenth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the tenth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(j) in respect of the one-year period ending on the twelfth anniversary of the filing date of the application:

(i) fee, if payment on or before the eleventh anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the eleventh anniversary:

(A) small entity

300.00

(B) large entity

400.00

(k) in respect of the one-year period ending on the thirteenth anniversary of the filing date of the application:

(i) fee, if payment on or before the twelfth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the twelfth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(l) in respect of the one-year period ending on the fourteenth anniversary of the filing date of the application:

(i) fee, if payment on or before the thirteenth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the thirteenth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(m) in respect of the one-year period ending on the fifteenth anniversary of the filing date of the application:

(i) fee, if payment on or before the fourteenth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fourteenth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(n) in respect of the one-year period ending on the sixteenth anniversary of the filing date of the application:

(i) fee, if payment on or before the fifteenth anniversary:

(A) small entity

200.00

(B) large entity

400.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fifteenth anniversary:

(A) small entity

400.00

(B) large entity

600.00

(o) in respect of the one-year period ending on the seventeenth anniversary of the filing date of the application:

(i) fee, if payment on or before the sixteenth anniversary:

(A) small entity

200.00

(B) large entity

400.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the sixteenth anniversary:

(A) small entity

400.00

(B) large entity

600.00

(p) in respect of the one-year period ending on the eighteenth anniversary of the filing date of the application:

(i) fee, if payment on or before the seventeenth anniversary:

(A) small entity

200.00

(B) large entity

400.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the seventeenth anniversary:

(A) small entity

400.00

(B) large entity

600.00

(q) in respect of the one-year period ending on the nineteenth anniversary of the filing date of the application:

(i) fee, if payment on or before the eighteenth anniversary:

(A) small entity

200.00

(B) large entity

400.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the eighteenth anniversary:

(A) small entity

400.00

(B) large entity

600.00

(r) in respect of the one-year period ending on the twentieth anniversary of the filing date of the application:

(i) fee, if payment on or before the nineteenth anniversary:

(A) small entity

200.00

(B) large entity

400.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the nineteenth anniversary:

(A) small entity

400.00

(B) large entity

600.00

32.

For maintaining the rights accorded by a patent issued on or after October 1, 1989 on the basis of an application filed before that date, under subsections 182(1) and (3) of these Rules:

(a) in respect of the one-year period ending on the third anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the second anniversary:

(A) small entity

$ 50.00

(B) large entity

100.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the second anniversary:

(A) small entity

250.00

(B) large entity

300.00

(b) in respect of the one-year period ending on the fourth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the third anniversary:

(A) small entity

50.00

(B) large entity

100.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the third anniversary:

(A) small entity

250.00

(B) large entity

300.00

(c) in respect of the one-year period ending on the fifth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the fourth anniversary:

(A) small entity

50.00

(B) large entity

100.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fourth anniversary:

(A) small entity

250.00

(B) large entity

300.00

(d) in respect of the one-year period ending on the sixth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the fifth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fifth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(e) in respect of the one-year period ending on the seventh anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the sixth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the sixth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(f) in respect of the one-year period ending on the eighth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the seventh anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the seventh anniversary:

(A) small entity

275.00

(B) large entity

350.00

(g) in respect of the one-year period ending on the ninth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the eighth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the eighth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(h) in respect of the one-year period ending on the tenth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the ninth anniversary:

(A) small entity

75.00

(B) large entity

150.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the ninth anniversary:

(A) small entity

275.00

(B) large entity

350.00

(i) in respect of the one-year period ending on the eleventh anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the tenth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the tenth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(j) in respect of the one-year period ending on the twelfth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the eleventh anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the eleventh anniversary:

(A) small entity

300.00

(B) large entity

400.00

(k) in respect of the one-year period ending on the thirteenth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the twelfth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the twelfth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(l) in respect of the one-year period ending on the fourteenth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the thirteenth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the thirteenth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(m) in respect of the one-year period ending on the fifteenth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the fourteenth anniversary:

(A) small entity

100.00

(B) large entity

200.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fourteenth anniversary:

(A) small entity

300.00

(B) large entity

400.00

(n) in respect of the one-year period ending on the sixteenth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the fifteenth anniversary:

(A) small entity

200.00

(B) large entity

400.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the fifteenth anniversary:

(A) small entity

400.00

(B) large entity

600.00

(o) in respect of the one-year period ending on the seventeenth anniversary of the date on which the patent was issued:

(i) fee, if payment on or before the sixteenth anniversary:

(A) small entity

200.00

(B) large entity

400.00

(ii) fee, including additional fee for late payment, if payment within the period of grace of one year following the sixteenth anniversary:

(A) small entity

400.00

(B) large entity

600.00

 

PART VII: PATENT AGENTS Index

 

Column I

Column II

Item

Description

Fee

33.

On applying for entry on the register of patent agents under section 15 of these Rules

$ 100.00

34.

On notifying the Commissioner pursuant to subsection 14(2) of these Rules of a proposal to sit for the whole or any part of the qualifying examination

200.00

35.

For maintaining the name of a patent agent on the register of patent agents pursuant to paragraph 16(1)(a) of these Rules

300.00

36.

On applying to the Commissioner for reinstatement on the register of patent agents under section 17 of these Rules

200.00