The Canadian Intellectual Property Office (CIPO) is facing ongoing challenges with its new IT system. Their new system, MyCIPO Patents, was introduced to streamline the patent application process. Our firm is closely monitoring the situation to ensure our clients’ patent rights remain protected despite these delays.

Understanding the Current Challenges

The MyCIPO Patents system was designed to modernize and improve efficiency in the patent process. Unfortunately, the transition has created substantial roadblocks and has resulted in significant delays. For example, during the week of January 20, 2025, only 9 patents were granted. This is a sharp decline from the weekly average of 495 patent grants in the previous fiscal year.

Since July 2024, our firm has experienced persistent issues such as:

• No patent grants have been received for final fees paid after that date.
• Documents submitted for recordal remain unconfirmed.
• Examination requests submitted for numerous applications show minimal progress, with only one reflecting an “Examination” status in the MyCIPO database.

Key Updates from CIPO

CIPO addressed several critical issues in a recent email update of January 17, 2025:

• Regenerating Submission Confirmations: CIPO is now manually regenerating PDF confirmations of submissions documents that were not processed automatically. However, this process is slow due to the high volume.
• Laying Open Applications: The process of making applications publicly accessible has resumed, but the timeline is still delayed by approximately six months.
• Issuance of Notices of Allowance (NOAs): In late November CIPO resumed issuing NOAs. They are prioritizing older cases and first-action allowances, but system-generated NOAs remain limited. Since July 5, 2024, we have received only two conditional notices of allowance, with no system-generated notices issued.
• Granting Patents: CIPO has addressed most backlogged applications where final fees were processed in the old system. Moving forward, they are continuing to slowly work through applications processed under the new system. Our firm has not yet received a grant on NOAs paid after June 25, 2024.

Database Status and Monitoring Efforts

One major concern is that the the CIPO database incorrectly marking certain applications as “Deemed Abandoned.” Our firm has several allowed applications, with allowance fees paid, that are inaccurately displayed as abandoned. This is understandably alarming to applicants. Our firm has taken proactive steps to address these errors by corresponding with CIPO to ensure the records are corrected and accurate. Despite our efforts, CIPO has not yet resolved these errors creating potential downstream complications.

Additionally, the database lacks up-to-date information, requiring applicants and patent agents to exercise caution when relying on it. We emphasize the importance of maintaining accurate internal records and regularly cross-verifying statuses with CIPO.

We recommend that applicants rely on the records maintained by their patent agents rather than solely trusting the CIPO database. Our firm is diligently tracking and monitoring all correspondence with CIPO to ensure your applications remain on track.

Our Commitment to Clients

Despite these challenges, our firm remains committed to protecting your intellectual property rights. We are taking all necessary steps to navigate these delays effectively:

• Ensuring all correspondence is promptly submitted and tracked.
• Following up with CIPO to correct database errors and maintain accurate records.

We understand how frustrating these delays can be, but please rest assured that we are actively managing your applications. Our goal is to ensure that your patents are granted without unnecessary complications.

Industry-Wide Impact

The challenges with CIPO’s IT system are not isolated to our firm. A simple search for terms like “Canadian patent office delays” reveals numerous blogs and reports from other Canadian patent firms experiencing similar issues.

In CIPO’s 2023/2024 fiscal year, the office reported 39,029 applications filed; 32,029 examination requests made and 25,711 patents granted.  However, the current pace of grants and processing in 2024/2025 remains far behind these levels.  At the reduced rate of nine grants per week, the industry faces mounting challenges in managing patent applications.

Final Thoughts

Our firm is here to support you through this challenging time. We are closely monitoring developments with CIPO and will continue to advocate on your behalf to ensure your patent applications proceed smoothly. If you have any concerns or questions about your application, please don’t hesitate to contact us.