Maintenance Fees on Issued Patents
copyright Donald M. Cameron 1996
ly updated October, 1996
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.
When
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]
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.
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. 182(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 100(1) & 155 ).