ARTICLE
13 December 2023

The New Year Will Bring Higher Fees For Canadian Industrial Designs

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
Industrial design applicants and owners should be aware that the fees at the Canadian Intellectual Property Office or filing industrial design applications, obtaining registrations, ...
Canada Intellectual Property

Industrial design applicants and owners should be aware that the fees at the Canadian Intellectual Property Office (CIPO) for filing industrial design applications, obtaining registrations, renewals, and other items are set to increase on January 1, 2024. The changes maintain the current fee structure, but most fees are increased by 25%.

The increases for industrial designs are being introduced in parallel with similar significant changes to patent and trademark fees, as well as the fees for copyright, geographical indications and official marks, and integrated circuit topographies. The changes are intended to address CIPO's "current structural deficit situation".

The key changes with respect to industrial designs are below.

Basic fee for the filing of an application
2023 fee: $430.30
2024 fee: $567.00

Maintenance of the exclusive right
2023 fee: $376.50
2024 fee: $496.00

Additional late fee for the maintenance of the exclusive right
2023 fee: $50.00
2024 fee: $63.00

Recording or registering a transfer
2023 fee: $100.00
2024 fee: $125.00

Reinstatement of an abandoned application
2023 fee: $215.14
2024 fee: $284.00

Advanced examination
2023 fee: $537.87
2024 fee: $709.00

Delaying of registration
2023 fee: $100.00
2024 fee: $125.00

In view of the significant increases, industrial design owners and applicants should consider taking action by December 31, 2023, before the new fees are implemented.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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