What is the College of Patent Agents and Trademark Agents and what are its responsibilities?
As part of the Government of Canada's Intellectual Property Strategy, the College of Patent Agents and Trademark Agents is being established to regulate the patent and trademark agent profession.
- As of the coming-into-force day, the College will be responsible for:
- maintaining the registers of patent agents and trademark agents
- administering patent and trademark agent qualifying examinations
- collecting associated College fees
- maintaining an agent code of conduct
- The College will come into force on .
- If agents have any questions, they are invited to contact the College directly at info@cpata-cabamc.ca.
What are the Canadian Intellectual Property Office's responsibilities until the coming-into-force day of the College?
- The Canadian Intellectual Property Office (CIPO) will continue to maintain the register of patent agents and list of trademark agents up to the day before the coming-into-force day. In May 2021, CIPO completed the administration of the 2020 patent and trademark agent qualifying examination cycles.
What does an agent need to know until the coming-into-force day of the College?
- There will be no change in agents' maintenance activities with CIPO until the College's coming-into-force day.
- Individuals who have maintained or reinstated their name on CIPO's register of patent agents or list of trademark agents will be deemed to have been issued an agent licence by the College on the coming-into-force day.
- Individuals who do not maintain or reinstate their name on the register or list with CIPO prior to the coming-into-force day will be subject to the College's renewal regime. Should you have questions, please contact the College directly at info@cpata-cabamc.ca.
- For any patent or trademark matter where a firm is currently appointed as agent, all of the agents at the firm will be deemed to be appointed as of the coming-into-force day. As such, no action is necessary to maintain the existing appointment.
What does an agent need to know after the coming-into-force day of the College?
- On the coming-into-force day, the College will be responsible for maintaining the registers of patent agents and trademark agents. CIPO will no longer be maintaining its register of patent agents and list of trademark agents.
- Any agent whose name is on the register of patent agents in accordance with paragraph 22(a) of the Patent Rules or the list of trademark agents in accordance with paragraph 19(a) of the Trademark Regulations on the day prior to the coming-into-force day, will automatically be transferred to the College's register of patent agents or register of trademark agents, as applicable, and be deemed to be issued a licence.
- As of the coming-into-force day, the College will be responsible for administering requirements to maintain a licence, such as residency, training, good character and fitness to practice, and fees. Should you have questions regarding these requirements, please contact the College for more information at info@cpata-cabamc.ca.
- CIPO holds, in electronic and paper formats, current and historical information relating to agents and individuals who have sat for the qualifying examinations for patent agents and trademarks agents. CIPO will provide information for the purpose of enabling the College or the Registrar to exercise their powers or perform their duties and functions under sections 84 and 85 of the College of Patent Agents and Trademark Agents Act. A portion of the agent maintenance fee paid to CIPO will be transferred to the College. CIPO understands that the College will be requiring agents to pay an additional licensing fee to the College for the remainder of 2021.
- If an agent has newly been recognized by the College and needs to be appointed as an agent in respect of a matter before CIPO, they need to:
- be entered on the College register(s)
- be appointed by an applicant, a patentee or other person to represent them before the Patent Office in respect of a patent or an application for a patent
- be appointed by an applicant, a registered owner or other person to represent them before the Office of the Registrar of Trademarks in respect of a registered trademark or an application for a trademark
- Once the College comes into force, a firm cannot be an agent on the registers of patent agents and trademark agents as an agent is defined as an individual who holds an agent licence or an agent-in-training licence.
- However, applicants, patentees and registered owners can appoint all agents that work at a single firm to represent them in respect of their application, registration or patent.
- If a patent agent's licence is suspended, surrendered or revoked, existing appointments of that agent will be revoked.
- If an agent changes their name or their address (e.g. moves from one firm to another), they must contact both the Patent Office and the Office of the Registrar of Trademarks in writing in order for the updated information to be applied to their patent and trademark matters.
- Unless the Patent Office or the Office of the Registrar of Trademarks receives instructions to the contrary, the updated name or address information will be applied to all of the agent's patent and trademark matters at CIPO.
What does an exam candidate need to know?
- If a candidate has passed the agent qualifying examination and would like to register as an agent, they must submit a written request to the Commissioner of Patents or Registrar of Trademarks as applicable and pay the required fee. All requests and fees must be received by CIPO prior to the coming-into-force day.
- Candidates who wrote the 2020 patent agent qualifying examination were notified of their results on . Candidates had until , to submit a request for review to CIPO. CIPO sent the review result letters to candidates on .
- Candidates who wrote the 2020 trademark agent qualifying examination were notified of their results on . Candidates had until , to submit a request for review to CIPO. CIPO sent the review result letters to candidates on .
- If a candidate previously passed the agent qualifying examination with CIPO but did not register with CIPO as an agent prior to the coming-into-force day, they will need to follow the College's own requirements in order to be recognized by them.
- If a candidate has not completed or passed their agent qualifying examination by the end of the 2020 cycle, their information will be transferred to the College after the coming-into-force day.
What do foreign patent agents and trademark agents need to know?
- The new College regulations allow every individual resident of a country other than Canada who is authorized to act as a patent/trademark agent under the law of that country ("foreign practitioners") to apply to the Registrar to be added to the appropriate register. Foreign practitioners on the register would be entitled to the same practice rights before CIPO that they currently enjoy by being on the register of patent agents or list of trademark agents, and can continue to demonstrate that their name appears on the register of patent agents or register of trademark agents in Canada.
- Individuals who are foreign practitioners who are already listed on CIPO's register of patent agents or list of trademark agents will be transferred automatically to the respective College register.
- Foreign practitioners listed on the register of patent agents would be entitled to:
- appoint a patent agent to represent an applicant or patentee on the applicant or patentee's behalf and revoke the existing appointment of a patent agent on the applicant or patentee's behalf
- sign a small entity declaration on behalf of the applicant or patentee
- participate in an interview with an examiner at the Patent Office, with the permission of the licensee on the file
- Foreign practitioners listed on the register of trademark agents would be entitled to:
- appoint a trademark agent to represent a person in any business before the Office of the Registrar of Trademarks or give notice of the revocation of such an appointment
- In addition to the above, persons authorized by the applicant (including foreign practitioners) will be able to perform various additional actions in accordance with the Patent Rules and Trademark Regulations.
Transfer of agent information to the College:
- On the coming-into-force day, the College will be responsible for maintaining the registers of patent agents and trademark agents. CIPO will no longer be maintaining its register of patent agents and list of trademark agents. As well, CIPO holds, in electronic and paper formats, current and historical information relating to agents and individuals who have sat for the qualifying examinations for patent agents and trademark agents. CIPO will be transferring information for the purpose of enabling the College or the Registrar to exercise their powers or perform their duties and functions, as provided by sections 84 and 85 of the College Act.