How much does a patent cost in Canada?

As you prepare to secure legal protection for your patent, one thing may stand in your way: money. You may even wonder, "How much does a patent cost, and what other expensive headaches should I prepare for?"

In this guide for applicants and patent holders, we’ll discuss the different fees (as of 2025 and 2026), starting from the patent application stage through to grant. For more information, you can contact an intellectual property lawyer at any time.

What is the cost of a patent in Canada?

With the many fees you’ll have to pay, the costs of getting a patent in Canada depend on a few financial considerations. These include the type of invention, how complex it is, and the steps needed to finish the process.

Here is a summary of the costs or fees for your patent:

• application fees
• maintenance fees
• professional fees
• other fees

We’ll discuss these fees below and the corresponding amounts as of 2025 and 2026; you can also use the table of contents above to skip to any of these.

Application fees

When applying for a patent, the first cost to plan for is the application fee. This fee is paid to the Canadian Intellectual Property Office (CIPO) when you submit your patent application.

Just like other patent costs, application fees are divided into two:

• standard fees
• small entity fees

When you claim small entity status, your application fees will be cut in half. As such, it’s important to talk to a lawyer first to check your eligibility for a small entity status and to make sure you pay the correct fee.

Here’s the summary of the application fees and other related costs when filing for a patent:

Notes:

• Application fee: paid when you file your patent application, through a credit card or your CIPO deposit account
• Late fees: apply when you do not pay the application fee on the application’s filing date
• Examination fee: two kinds:
  • basic fee: if your patent application was subjected to an international search by the Commissioner of Patents in their capacity as an International Search Authority
  • any other case: when not covered by the basic fee
• Request for examination fee: paid when you file your application, up to four years from your filing date
• Advanced examination fee: if you want to expedite the examination of your patent application
• Continued examination: if three examiner's reports are issued and you want to continue the examination
• Final fee: if your patent application is granted, you will receive a notice of allowance, which asks you to pay the final fee
• Reinstatement fee: if you did not pay the final fee within four months of receiving the notice, your patent application will be considered abandoned; to restore your application, a reinstatement fee must be paid

Watch this video for the answers to some FAQs regarding patent applications for SMEs:

For help with your patent application, reach out to the best intellectual property lawyers in Canada as ranked by Lexpert.

Maintenance fees

Patent costs do not stop once a patent is granted; for every year starting the second anniversary of your application’s filing date, you must pay maintenance fees. Otherwise, you will lose your patent’s protection for failure to pay the maintenance fees.

Maintenance fees also increase at certain anniversaries, which relate to the 20-year term of a patent. These fees are also divided into standard fees and small entity fees, which are discounted rates.

Note: Category 1 applications (those whose filing dates are before October 1, 1989) have slightly cheaper fees than those shown above.

Other patent costs related to maintenance fees

• Request for correction of an error: may include names of applicants or inventors:
  • 2025: $289.19
  • 2026: $297.00
• Late fees: for the late payment of maintenance fees:
  • 2025-2026: $150.00
• Reversing a deemed expired patent: when maintenance and late fees are not paid, a patent will be deemed expired; however, this can be reversed by paying these fees, along with the other requirements:
  • 2025: $289.19
  • 2026: $297.00

The video below shows how you can pay your patent’s maintenance fees using your MyCIPO Patents:

If you need help with your patent’s maintenance fees or other costs, it’s best to consult one of these Lexpert-ranked best intellectual property law firms in Canada.

Professional fees

Getting the services of a lawyer or an agent does not come without a cost, and this is true for intellectual property lawyers whose services are necessary for some transactions. Below are some of the professional fees you may incur in relation to your patent. The exact amount of these professional fees and patent costs are better consulted with your intellectual property lawyer.

Drafting a patent application

One of the things that a patent agent or an intellectual property lawyer can help you with during a patent application is to draft it for you. Your application will include several documents, such as the Petition for Grant of Patent, the Statement of Entitlement, and more.

This is where choosing the best representative matters, as drafting your patent application is crucial to reducing errors and avoiding wasted time or money. The actual fees to draft your application will depend on several factors, including:

• the experience and expertise of your agent or lawyer
• the complexity of your patent application

These fees are separate from those you pay to the CIPO, such as your application fee and final fee.

Prosecuting patent infringement

Aside from guiding you in patenting your invention, an intellectual property lawyer can help prosecute cases of patent infringement. This may be in the form of alternative dispute resolution procedures and filing a complaint in court when necessary.

Here are the possible patent costs that you can expect when infringement happens:

• legal fees for hiring a lawyer
• expert fees for your expert witnesses
• court costs (e.g., filing fees)

Other fees

Apart from the costs of applying or maintaining a patent, there are the other fees for the following transactions in relation to your patent:

• Application to reissue a patent: within four years from its grant date, a patent can be reissued because it is defective, not working, or erroneous
  • 2025: $2,317.68
  • 2026: $2,380.26
• Making a disclaimer to a patent: at any time after a patent is granted, a disclaimer can be inserted to narrow the scope of a patent’s claim that is too broad
  • 2025-2026: $125.00
• Application for additional term: a patent’s term is initially for 20 years after its grant; however, you can apply for additional term after meeting the eligibility requirements and paying the fees
  • 2025:
    • Standard: $2,500.00
    • Small entity: $1,000.00
  • 2026:
    • Standard: $2,567.50
    • Small entity: $1,027.00

What are the ways that lawyers can help regarding patent costs?

Intellectual property lawyers and registered patent agents can help you manage patent costs for you and your business. Their experience can help you avoid common mistakes, save money, and make smart decisions about protecting your invention.

Here are a few ways intellectual property lawyers can assist you when it comes to patent costs:

• clear advice on patentability: lawyers can review your invention and advise if it is likely to get a patent, which can help you avoid spending money on applications that may not succeed
• drafting strong applications: lawyers and patent agents can write your application to follow legal standards, preventing rejections or additional requirements coming from the CIPO
• strategic planning: lawyers help you decide if a patent is the best way to protect your invention, or if other options (like a trade secret) might be better; this can help you avoid spending money on unnecessary applications

Costs of a patent: paying to protect your patent

Patent costs can add up but knowing what to expect helps you make better decisions. From filing fees to legal support, each part of the process has its own price tag. Getting help from an intellectual property lawyer will help you meet all deadlines for your application and avoid unnecessary costs.

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