Maintenance Fees   copyright 1997, 1998 Donald M. Cameron, Aird & Berlis Cameron's Canadian Patent & Trade Secrets Law: Home Page; Index

Maintenance Fees on Patent Applications

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.

When due

The first maintenance fee is due before the second anniversary of the filing date of the application.  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.

How much

The maintenance fees are set out in of Schedule II to the Patent Rules, Item 30.

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(3), '89 Act, Rule 76.1(4) )]. All back payments of maintenance fees are due on reinstatement together with a reinstatement fee of $200.

Maintenance Fees on Issued Patents

In order for a Canadian patent that issued after October 1, 1989 to remain in effect, an annual maintenance fee must be paid to the Commissioner of Patents [Patent Act, s. 46].

When due

The maintenance fees can be paid at any time before each anniversary of the filing date. Like a car licence plate, the fee should be paid in advance of the time period. [i.e. payment before the second anniversary for the one-year peiod ending on the third anniversary]

How much

The maintenance fees payable are set out in:

• item 31 of Schedule II for patents issuing from applications filed after October 1, 1989 on the anniversary of the date the patent issued [Patent Rules, s. 100(1), 155(1)].
• item 32 of Schedule II for patents issuing from applications filed before October 1, 1989 which issued to a patent after October 1, 1989 [Patent Rules 182(1)].

Failure to pay Maintenance Fee on time

If a maintenance fee for an issued patent is not paid within the prescribed time period [before the one-year period], the fee can be paid during the one-year period together with an additional fee for late payment of $200.

If the maintenance fee is not paid during the one-year period, then the patent expires   [Patent Act, s. 46(2)]. .

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