If you need help protecting your intellectual property (such as an invention or brand), a licensed patent agent or trademark agent can give you specialized guidance. Patent agents and trademark agents are licensed professionals regulated by the College of Patent Agents and Trademark Agents.
What Patent Agents and Trademark Agents Can Do
The services an agent provides will depend on their area of practice, their experience and the scope of work you agree to.
Patent agents and trademark agents can explain your options and guide you through the application process with the Canadian Intellectual Property Office. They may also work with agents in other countries to help protect your intellectual property outside Canada.
Agents in active practice may be able to help you in many ways, including:
- assisting you in understanding the importance of intellectual property generally
- explaining whether a patent, trademark or another form of intellectual property protection may be appropriate for your situation;
- helping you develop an intellectual property strategy for yourself, your business or another organization;
- searching or advising on the availability, registrability or patentability of your invention, name, logo, slogan or other mark;
- drafting, preparing and filing patent or trademark applications;
- advising on deadlines, fees, maintenance requirements and next steps; and
- generally helping you understand risks, options and possible outcomes.
Class 1 patent agents and trademark agents, and agents-in-training who are supervised, are also licensed to help you by:
- prosecuting patent or trademark applications;
- responding to examiner reports, objections or office actions;
- assessing patent validity and infringement;
- communicating with intellectual property offices on your behalf;
- representing you before the Trademarks Opposition Board and Patent Appeal Board.
Tips for Hiring a Patent Agent or Trademark Agent
Working with a licensed agent provides you with reassurance that you are receiving IP services from someone who has the necessary qualifications and is held to high standards of professional competency and ethics.
Licensed patent agents and trademark agents serving the public:
- have met specific training requirements;
- have to follow the ethical requirements in the CPATA Code of Professional Conduct; and
- must have professional liability insurance.
To confirm that the person is authorized to practice:
- check CPATA’s online Public Register where you can verify whether an agent is licensed, active and in good standing;
- review information such as the agent’s location, contact details, licence history and any regulatory notices.
You can follow these instructions to narrow down your search to find licensed agents based on factors that may matter to you, such as:
- geographical location;
- industry served; and
- language of service.
Before you hire an agent, take time to consider your needs. The Canadian Intellectual Property Office has developed these resources to help you choose an intellectual property professional for your project. You may wish to speak with more than one agent before deciding who best meets your needs. Ask about their experience with matters like yours, the services they will provide, who will work on your file, expected timelines, communication practices, fees and billing arrangements. The more prepared you are for your first meeting with an agent, the better they can serve you. The Intellectual Property Institute of Canada has developed a series of self-guided questions to help you prepare.
Be cautious of IP scams that are circulating. If someone guarantees a result, pressures you to act quickly, asks you to sign documents you do not understand or does not clearly explain their fees and services, then these are red flags for potential fraud.
How much should it cost?
CPATA does not set fees. Licensed agents set their fees at their own discretion, and costs will vary depending on the type of service, the complexity of the work, the agent’s experience and the amount of time required. Some agents may charge hourly rates, flat fees or a combination. Filing fees and other expenses may be charged separately.
An agent must provide to the client in writing, before or within a reasonable time after starting work as much information regarding fees and disbursements as is reasonable and practical in the circumstances. This includes how fees are set and other expenses that may be charged.
When you meet with an agent, ask for a clear explanation of anticipated costs and how you will be billed. This information is often included in a Retainer Agreement. Also ask about go-forward costs such as ongoing filing fees that may be required should you file a patent application or trademark application and how these will be handled.