Canada
PATENT ANNUITIES COUNTRY GUIDE
About this Guide
This series of Spotlight Articles developed by the Astria team, shares insights into patent annuity country rules and formalities, based on key Patent Offices (PTO) jurisdictions Worldwide. Astria’s software-enabled payments service combines; leading intuitive software, IP data integrity and outstanding paralegal services, within one solution.
This article highlights Canada, a key market for many of Wellspring’s clients.
Canada Patent Overview
In Canada, the first renewal payment is required on the second anniversary of the filing date, referred to as the third-year renewal fee in Astria. Renewal fees are due annually for both pending and granted patents in Canada.
To ensure accurate calculation of Canadian renewals in Astria, the application number must be provided. After the patent is granted,
the Astria portal should be updated with the registration number and registration date.
Once this information is updated, Astria verifies the details to accurately calculate and display the renewal year and deadline
Canada
Patent Office
Intellectual Property can be searched through the Canadian Intellectual Property Office (CIPO):
Renewal Process
Patent Applications
Source: IP Canada Report 2023
Patent Renewal Rules
As mentioned, the first renewals in Canada are payable from the 2nd anniversary of the filing date and annually afterwards, renewals are also due on pending applications. Therefore, if an application has the filing date of 06/29/2024, the third renewal fee would be due on 06/29/2026.
Astria displays the routine renewal payment deadline for Canadian renewals. Organizations do have the option through Astria to pause payment, as it is still possible to pay Canadian renewals during the grace period.
The grace period at the CIPO lasts for up to 6 months with late fees applied by the PTO in Canada (referred to as the CIPO). The flat-rate, official late fee increases are displayed to Astria clients in the portal to aid the decision on when to pay a Canadian renewal.
Effortless IP Renewals with Astria
ensuring confidence in your renewal deadlines, data integrity, and process management.