Patent Maintenance Fee Obligations in Canada: What Applicants Need to Know

Canada’s patent system requires applicants and patentees to actively maintain their rights through the timely payment of annual maintenance fees. These fees are essential to keep both pending patent applications and granted patents in force. Failure to meet maintenance deadlines can result in abandonment or expiry, with limited opportunity for reinstatement. Understanding the applicable fee structure, payment deadlines, and revival procedures is critical for rights holders seeking to preserve their intellectual property in Canada.

Maintenance Fee Schedule and Due Dates

In Canada, maintenance fees are due annually from the 2nd anniversary of the filing date, applying to both patent applications and issued patents. The fees increase gradually as the patent matures, reflecting the longer protection period. For the year 2026, the maintenance fees (in CAD) for standard entities are as follows:

Each year, fees may be subject to annual fee adjustments based on the Consumer Price Index (CPI). The Canadian Intellectual Property Office (CIPO) publishes the current and upcoming maintenance fee schedules on its official website (https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en).

Responsibility for Payment

The responsibility to track and pay maintenance fees lies solely with the patentee or applicant. CIPO does not issue reminders of upcoming deadlines. Therefore, applicants are strongly advised to use a patent annuity service or engage a registered patent agent to ensure continuous fee monitoring and timely payments.

Consequences of Missing a Payment

Missing a maintenance fee deadline does not cause immediate loss of rights - but it triggers a critical procedural window. CIPO will issue a Commissioner’s Notice alerting the patentee of the missed payment and granting a limited opportunity to correct it.

Late payments are accepted during the grace period, defined as the later of:

• 6 months from the original due date, or
• 2 months from the date of the Commissioner’s Notice.

To reinstate the application or patent, both the outstanding maintenance fee and an additional late fee must be paid before this deadline.

Failure to pay within this period results in abandonment of a pending application or expiry of a granted patent. Importantly, third-party rights may arise 6 months after the missed payment, allowing others to use the invention without infringement risk if the patent is later reinstated.

Reinstating an Abandoned or Expired Patent

A reinstatement is only possible if the patentee demonstrates due care - showing that the failure to pay occurred despite taking all reasonable precautions. Examples might include payment processing errors or technical failures that prevented receipt of the Commissioner’s Notice.

To request reinstatement, the patentee must submit a detailed statement explaining the circumstances of the missed payment. The Commissioner of Patents then evaluates whether the patentee, their agent, or any annuity provider exercised due care.

This is a strict standard, and many reinstatement requests are rejected. CIPO publishes a register of decisions illustrating cases where due care has or has not been established, offering useful precedents for applicants and IP professionals.

Practical Recommendations

To avoid costly loss of rights, patentees should:

• Maintain accurate records of maintenance due dates
• Engage qualified patent agents or annuity services
• Act immediately upon receiving any Commissioner’s Notice
• Keep proof of payment and correspondence for audit purposes; and
• Periodically verify fee amounts and CPI adjustments on CIPO’s website

Conclusion

Patent maintenance in Canada demands active oversight and procedural diligence. Since reinstatement based on due care is rarely granted, proactive payment tracking and professional management are the best ways to safeguard patent rights. Businesses and inventors should treat maintenance obligations as an integral part of their IP strategy - ensuring their innovations remain legally protected and commercially valuable for the full 20-year patent term.