A practice manual for Canadian patent maintenance fees. Canada's rules are not unusually complex, but the consequences of a missed deadline are heavier than almost anywhere else: restoration is rarely granted, and even where it is, third-party rights that have already arisen do not disappear. This manual is therefore written on the assumption that the goal is never to enter the grace period at all.
1. At a glance
- System type
- Annual maintenance fees
- Anchor date
- Filing date International filing date for PCT cases
- Due date rule
- The anniversary date itself Next business day if a weekend or holiday
- Payment period
- 2nd to 19th anniversary of filing Payable before grant as well
- Grace period
- Due date + 6 months Flat late fee of CAD 150
- Restoration
- Due care — roughly 13% success rate Within 18 months of the due date
- Reduction
- Small entity, 50% Determined once and never revisited
- Term
- Filing date + 20 years Separate rows past the 20th anniversary where PTA is granted
- Risk level
- High
2. Anchor date and due-date calculation
The anchor is the filing date. The fee falls due on the anniversary itself, with payment possible on the next business day where that falls on a weekend or public holiday. PCT cases are counted from the international filing date, and any fees already due must be paid on national phase entry. Divisional applications are calculated back to the parent filing date.
Worked example
For an application filed on 2020-06-15 the due dates are as follows. Canada is best managed on an anniversary axis.
| Instalment | Formula | Due date |
|---|---|---|
| 2nd anniversary | Filing + 2 years | 2022-06-15 |
| 3rd anniversary | Filing + 3 years | 2023-06-15 |
| 4th anniversary | Filing + 4 years | 2024-06-15 |
| … | Same each year | … |
| 19th anniversary | Filing + 19 years | 2039-06-15 |
The term expires on 2040-06-15 (filing date + 20 years). Because fees run only to the 19th anniversary, there is a one-year gap between the final payment and expiry. Where PTA has been granted, additional rows arise past the 20th anniversary.
3. When payments begin
- Fees begin at the 2nd anniversary of filing and are payable while the application is pending, irrespective of grant.
- Pre-grant and post-grant payments run on the same axis. Grant does not change the schedule.
- For PCT cases, all fees already due are paid on national phase entry.
- Divisionals are calculated back to the parent filing date, so several years' fees may already be outstanding at the moment of division.
4. Grace period and late fee
Formally, the grace period runs to the later of six months from the due date or two months from the office notice, with a flat late fee of CAD 150. In practice, however, the notice cannot be relied on.
| Item | Detail |
|---|---|
| Grace period | Later of due date + 6 months or notice + 2 months |
| Working deadline | Due date + 6 months (do not rely on the notice) |
| Late fee | CAD 150 flat |
| If unpaid | Expires retroactively as of the original due date |
5. Lapse and restoration
| Item | Detail |
|---|---|
| Point of lapse | Retroactive to the original due date |
| Standard | Due care — must show all due care was taken |
| Success rate | Roughly 13% (lack of funds and simple error not accepted) |
| Time limit | Within 18 months of the due date |
| Third-party rights | Arise automatically 6 months after the due date (s55.11) |
6. Reduction — small entity
Businesses with fewer than 100 employees, and universities, pay 50% of the maintenance fee as a small entity. Canada's method of determining that status, however, is the opposite of most jurisdictions.
7. Early and bulk payment
Multi-year prepayment is available. Note, however, that Canadian official fees are index-adjusted every 1 January, so the rate at the time of prepayment may differ from the rate for the year concerned. Weigh prepayment against both the rate movement and the likelihood of continued maintenance.
8. Official fees
Amounts below are as at 2026-01-01 (CAD). They are index-adjusted every 1 January, so confirm the rate applicable at the time of payment.
| Band | Standard | Small entity |
|---|---|---|
| 2nd-4th anniversary | 134.02 | 60.26 |
| 5th-9th anniversary | 297.00 | 107.22 |
| 10th-14th anniversary | 372.05 | 134.02 |
| 15th-19th anniversary | 669.05 | 271.26 |
| 20th anniversary onward (PTA) | 1,027.00 | 410.80 |
| Late fee | 150.00 flat | 150.00 flat |
9. Term extension — the CSP
Canada provides a Certificate of Supplementary Protection (CSP) for medicinal products. The maximum extension is two years, shorter than the five years available in Europe and Japan.
| Item | Detail |
|---|---|
| Mechanism | CSP (Certificate of Supplementary Protection) |
| Maximum duration | 2 years |
| Maintenance fees | None |
| Application fee | CAD 10,564 (as at 2025-04-01, increases annually) |
| Effect on renewals | Schedule unchanged — only the expiry date extends |
10. Management checklist
Fields to populate first
- Filing date, or the international filing date for PCT cases. Every Canadian deadline is calculated from it.
- Whether the case is a divisional, and the parent filing date. Divisionals date back, so fees may already be outstanding at division.
- Entity status and the basis on which it was determined. Since it never changes, record the evidence as of the determination date.
- Whether PTA was granted, which determines whether rows exist past the 20th anniversary.
- For pharmaceutical cases, whether a CSP is being sought. Only the expiry date changes; the fee schedule does not.
Payment cycle
- Treat the anniversary as the hard deadline and the office notice as a secondary signal only.
- Confirm maintenance instructions with the client. Because entering the grace period is itself damaging in Canada, start this earlier than for other jurisdictions.
- Re-check entity status — not to change it, but to confirm it still matches the original determination.
- Recalculate the amount at the rate applicable on the date of payment; estimates made before a 1 January adjustment will no longer hold.
- Where the grace period cannot be avoided, add the CAD 150 late fee and track the case separately so that due date plus six months is never exceeded.
Easily confused points
- Fees run only to the 19th anniversary while the term is 20 years, leaving a one-year gap between the last payment and expiry.
- Small entity status is not reassessed at each payment as in the United States and India — it is a value that must not be changed.
- 'We received no notice' is not a defence. The notice is not mandatory.
- A CSP does not extend the fee schedule. Do not manage it alongside jurisdictions such as Japan or Australia, where extension does add instalments.
Sources, cut-off date and disclaimer
This manual is based on iphere's August 2026 survey of country-by-country overseas maintenance rules, together with values produced by the deadline engine that runs on those same rules. Official fees and deadline rules change by office notice, so please confirm against the official source and your local agent before any actual payment or filing.