Canadian Small Entity Criteria Expanded

With effect from 01 January 2024, the Canadian Patent Office has expanded eligibility to claim the Canadian small entity fee reduction to businesses employing ninety-nine (99) or fewer employees.

Under the amended Patent Rules, the Canadian small entity status condition is met if on the Canadian patent application filing date, or in respect of national phase applications filed via the PCT the date of national entry in Canada, the applicant was an entity having fewer than one hundred (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. is 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.

In general, we recommend caution in claiming small entity status in Canada as the relevant small entity criteria has not yet been conclusively determined by the Canadian Courts.

If you have any questions with respect to applicant or patentee’s small entity entitlement, please feel free to contact one of our firm professionals.

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