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Language Proficiency

 

APPLICABLE SECTIONS OF THE ACT, BY-LAWS AND REGULATIONS and/or PURPOSE

CPATA By-laws 9(c), 12(c)

RESPONSIBILITY

Registrar

APPROVED BY

EFFECTIVE

REVIEWED

REVISED

Registrar

June 28, 2021

 October 11, 2024  

August 14, 2024

In this policy:

  1. “Applicant” means an individual who has applied to the College to be a Patent Agent or Trademark in Training;
  2. “Agent” means an individual who is registered as a Patent Agent or Trademark Agent;

Policy

Practice as a patent or Trademark Agent requires proficiency in one of Canada’s two official languages as a core competency.

The College’s registration program ensures individuals applying to be an Agent in Training meet the requirement to be proficient in English or French.

To meet the registration requirements, an applicant whose first language is English or French, and/or their education was taught in English or French, is considered to have demonstrated language proficiency in either language.

An applicant whose first language is not English or French or did not complete their education in English or French, must demonstrate language proficiency either through a test of language proficiency or by providing non-objective evidence of language proficiency at the time of application to be an Agent in Training.

The Registrar may approve an application for registration as an agent in training if they are unable to demonstrate language proficiency, subject to the condition that they improve their language proficiency skills while serving the public in the workplace under supervision.  The legal and technical complexities involved in patent and trademark agent work require a high level of proficiency in English or French, which is critical to demonstrate competency on the qualifying examinations and practice competently.

Language proficiency in English or French supports public protection by asking applicants to demonstrate they can communicate effectively. The policy seeks to achieve the following outcomes:

  1. Effective Communication: Agents need to communicate clearly with clients, colleagues, the Canadian Intellectual Property Office (CIPO) and other stakeholders. It is integral for all parties to understand the details of patent and trademark applications, which can be complex and technical.
  2. Compliance with Regulations: Understanding and adhering to legal and procedural requirements is essential. Proficiency in one of Canada’s official languages helps agents navigate these regulations accurately, which enhances public protection.
  3. Fair and Inclusive Assessment: The policy offers alternative ways for applicants to demonstrate their language proficiency skills, such as through education, formal testing, or practice experience. This approach improves fairness and inclusivity.
  4. Professional Competence: Language proficiency is a core competency for patent and trademark agents. It ensures they can perform their duties effectively, from drafting documents and responses, to representing clients in legal matters before CIPO.
  5. Client Trust and Confidence: Clients are more likely to trust and feel confident in agents who can communicate effectively in their preferred language. This is important for building strong professional relationships.
  6. Access to Resources: Many legal and technical resources, including databases, guidelines, and professional literature, are available primarily in English or French. Proficiency in these languages allows agents to access and utilize these resources efficiently.

PROCEDURES

  1. Demonstrating Language Proficiency:
    An applicant who does not meet the language proficiency requirements based on their first language or language of academic instruction, is required to either:
    1. Complete a standardized language proficiency test administered by a recognized 3rd party testing agency and meet or exceed the minimum cut-off score for that test (Appendix A). The cut-off scores required in the approved language tests reflect the minimum level of English or French language proficiency necessary for a prospective applicant to function successfully as an Agent in Training and as an Agent, once registered. Applicants are responsible for the cost of language proficiency tests. Test results are valid for 2 years from the date the test was administered. They must be sent directly from the language testing agency to the College.OR
    2. Provide non-objective evidence of language proficiency. The College accepts alternatives to a standardized language proficiency test. An applicant may meet the language proficiency registration requirement through non-objective evidence (NOE) of their language proficiency by submitting at least TWO of the following:
      1. Successful completion of relevant professional education in a majority English or French-speaking country;
      2. Relevant employment in a majority English or French-speaking country in a role similar to that of an Agent in Training or registered Agent;
      3. Successful completion of the four final years of school in Canada that establishes eligibility to apply for university or college;
      4. Successful completion of a Canadian college or university degree or diploma; or
      5. Successful completion of one or more parts or papers of a qualifying examination in a related field.

Extending the Period of Validity of Language Proficiency Test Scores:
The College may extend the validity of an applicant’s language proficiency test scores when the applicant meets the following:

  1. The applicant is engaged in or has recently successfully completed the 24-month training required to establish eligibility for the Qualifying Examinations;
  2. The original test scores meet the language proficiency requirements outlined in Appendix A;
  3. The original test scores have expired within the past two years; and
  4. In the opinion of the Registrar, there is no evidence to suggest the applicant is not sufficiently proficient in English or French.

An extension is valid for a period of up to one year. A second extension of up to one year following the end of the first extension period may be requested. When an applicant’s request for extension of the period of validity of language proficiency test scores is denied, the applicant can appeal the decision to the Registration Committee.

Exception: Notwithstanding the requirements for extending the validity of language test results described above, language test results will remain valid until the applicant receives a registration decision by the Registrar, or until the Registration Committee conducts a review, if a review is requested by the applicant.

  1. The Registrar will consider the evidence submitted by the applicant to determine if the language proficiency requirement has been met and will make a decision.
  2. Registration staff will communicate the Registrar’s decision to the applicant in writing and will provide instructions for appealing the decision to the Registration Committee should the Registrar deem the language proficiency requirement unmet or denies a request to extend the validity of language proficiency test scores.

REFERENCES

APPENDIX A

Language Proficiency TestMinimum Score
Test of English as a Foreign Language (TOEFL) (Internet-based & Paper-based)

http://www.ets.org/toefl/

 
Overall minimum of 96

Including a minimum of

Reading 24/30

Listening 24/30

Speaking 24/30

Writing 24/30

 
International English Language Testing System (IELTS) Academic Module

http://www.ieltscanada.ca/

 
Overall minimum of 8.0 (academic

module)

Including a minimum of

Reading 8.0

Listening 8.0

Speaking 8.0

Writing 8.0
Canadian Language Benchmark Placement Test (CLBPT)

https://www.language.ca/resourcesexpertise/for-language-learners/
Reading 11.0

Listening 11.0

Speaking 11.0

Writing 11.0
Canadian Academic English Language Test,

Computer Edition (CAEL CE)

https://www.cael.ca/

 
Reading 80

Listening 80

Speaking 80

Writing 80
Canadian English Language Proficiency Index
Program
(CELPIP)

https://www.celpip.ca/
Reading 11.0

Listening 11.0

Speaking 11.0

Writing 11.0
Test d'évaluation de français (TEF Canada)

https://www.lefrancaisdesaffaires.fr/en/tests-diplomas/test-for-evaluating-french-tef/
Overall minimum score greater than or equal to 500

Oral comprehension C1

Written comprehension C1

Oral Production C1

Written Production C1
Test de connaissance du français (TCF Canada)

https://www.france-education-international.fr/en/test/tcf-canada/
Listening comprehension C1
(minimum score of 549)

Reading comprehension C1
(minimum score of 549)

Written skills C1 (minimum score of 16)

Verbal skills C1
(minimum score of 16)