On January 1, 2024 the new definition for a “small entity” (which entitles a patentee to pay reduced fees) will be:
- (a) in respect of an application for a patent – other than a PCT national phase application or a divisional application – the applicant of the application on the filing date is, on that date, an entity that has fewer than 100 employees or is a university, other than
- (i) an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more, or
- (ii) an entity that has transferred or licensed, or has an obligation other than a contingent obligation to transfer or license, any right or interest in a claimed invention to an entity, other than a university, that has 100 employees or more;
- (b) in respect of an international application, the applicant of the application on the national phase entry date is, on that date, an entity that has fewer than 100 employees or is a university, other than an entity referred to in subparagraph (a)(i) or (ii); and
Under the revised definition, entities who employ less than 100 employees will be able to declare that they qualify as a “small entity”. This is in comparison to the current definition, where entities must employ less than 50 employees.
Patentees should consider whether they meet the new criteria of small entity status. If eligible, they may pay patent related fees at a reduced rate and avoid paying the fees that are increasing by 25% as of January 1, 2024.
Click here to view the list of adjusted patent fees
Click here to view the 2023 amendments
This article is provided for informational purposes only and is not legal advice. For further information or assistance, please contact us by phone (416) 847-0054 or by email at mail@methodlaw.ca.