The Canadian Intellectual Property Office (CIPO) has recently announced that applicable small entity 2nd, 3rd and 4th anniversary patent maintenance fees were incorrectly published on the CIPO website, and in the Patent Office Notices and Payment Letters for each of the calendar years 2021, 2022, 2023 and 2024.
Previously, CIPO identified small entity 2nd, 3rd and 4th anniversary maintenance fees for the years 2021 to 2024 as payable in the amount of $50. CIPO has indicated that the published fee amounts failed to reflect necessary inflationary adjustments required by the Canadian Service Fees Act. CIPO has therefore indicated that accounting for inflation, the 2nd, 3rd and 4th anniversary maintenance fees for the 2024 calendar year are properly to be set at $56.21.
As the incorrect fees amounts were published both on the CIPO website and in the Patent Office Notices, the Commissioner has indicated it is waiving the requirement to submit fee shortfalls with respect to any small entity 2nd, 3rd or 4th anniversary maintenance fees paid between January 1, 2021 and July 28, 2024 inclusive.
Although CIPO presently has only identified small entity 2nd, 3rd and 4th anniversary maintenance fees as incorrectly published, it is presently unclear whether additional small entity fee payments may also require correction for compliance with the Service Fees Act.
