Patent term

A buyer of a technology or manufacturing business meets the term when asking how long a patent has left. The count runs from the filing date, not from the date the patent was issued. This entry covers s. 44 only; s. 46(1) also refers to terms under s. 45, and s. 43(2) to an additional term granted under s. 46.1. It does not say what any patent is worth. See searching the trademark and IP registers before buying a brand.

Fees can end it early

Section 46(1) says the prescribed fees must be paid on or before the prescribed dates to maintain a patent’s rights during the term. CIPO says annual maintenance fees start from the second anniversary of the filing date and keep an application or patent in good standing. If a fee and late fee go unpaid past the time in s. 46(4), the term is deemed to have expired on the applicable prescribed date, subject to s. 46(5) and (6). See patent maintenance fee.

What to ask

• The filing date of each patent the business relies on.
• Whether every maintenance fee has been paid and when the next is due.
• Whether the patent is owned by the seller or by someone else, such as an inventor.