Maintenance Fees for Patent Applications

ly updated October, 1996

For all applications filed after October 1, 1989

To keep an application pending, the Applicant must pay maintenance fees every year, or else the patent application will be deemed to be abandoned.

The first maintenance fee is due before the second anniversary of the filing date of the application. They must be paid for the twenty year “life” of the patent. So as not to miss the first payment, it is good practice to pay the first annuity when an application based on convention priority is first filed in Canada.

The maintenance fees can be paid at any time before each anniversary of the filing date. ( Patent Rules, s. 99(1), (post Oct.1, 1996 appns.); s. 154 [Oct 89-96 appns.] ). Advanced payments would reduce service charges charges by processing a cheque each year, but require an immediate disbursement.

The maintenance fees are set out in of Schedule II to the Patent Rules .

• item 30 ( post Oct.1, 1996 appns. ),
• item 31 ( Oct 89-96 appns. )

The maintenance fees ramp up as the application matures.

Failure to pay Maintenance Fee on time

If an application goes abandoned by failure to pay maintenance fees, the application can be re-instated within twelve months after the application was deemed to have been abandoned [If the application was abandoned before April 1, 1996, then a six month period applies ( Patent Rules, s. 153(2) )]. All back payments of maintenance fees are due on reinstatement together with a reinstatement fee of $200.