How Much Does it Cost to Obtain a Patent in Canada?

The Canadian Intellectual Property Office (CIPO) defines a patent as: "[...] the legal right to sole ownership of an invention." As a patent-holding inventor, you will have the right to expect to be protected from anyone else who might "make, use, or sell" your invention.

The Canadian and American patent processes have a lot in common. The fees are applied in Canada to cover the cost of the approval process and to maintain your patent. These fees are different than those charged in America. But other than that, little of substance is different.

Small Entity Reduction

Canadian patent law defines a small entity as: "Any business or university with 50 or fewer employees." Small entities are only required to pay 50% of standard application fees. To qualify for the small entity cost reduction, the applicant entity must not have transferred or licensed rights to their invention to any business with 50 or more employees – unless that business is a university.

The small entity must submit a declaration which states that they believe they are entitled to the fee reduction. The declaration will be reviewed by the patent office, which will respond with a verification request. With the help of a patent lawyer or agent in Edmonton, this part of the process can be expedited.

Standard Patent Fees

The standard government patent application filing fee was set at $400 in 2011. This does not include the fees payable to a patent agent or lawyer who drafts and files a patent application. Costs for the assistance of a patent agent or lawyer will vary and are generally dependent upon the complexity of the invention, number of variations described in an application and other information related to the specific invention.

Additional fees can be expected in relation to paying the examination fee, paying maintenance fees, requested expedited examination, paying an issue fee and the prosecution of the application. There are other situations where additional fees not mentioned may also be payable.

For more questions about filing a new patent or working with an existing application, you can contact our patent lawyers and agents in Edmonton for a free consultation by clicking here.