Background
Since coming into force in 2021, CPATA’s focus has been on professional competency and entry-to-practice, in order to facilitate public access to expert IP services from a robust body of highly competent and ethical professionals.
After developing a competency framework and redeveloping the qualifying examinations, CPATA turned its attention to reviewing the strengths and challenges of the training program for becoming an agent.
Currently, patent agent and trademark agent trainees must complete 24-months of supervised practice and then demonstrate their competency on the qualifying examinations. Over time, the duration of supervised practice has varied from 0-24 months. In other jurisdictions such as the US, supervised training is not a requirement in the process for becoming an agent. Though these requirements in Canada produced many excellent patent agents and trademark agents, CPATA has heard from licensees and other IP stakeholders that there is room for improvement.
Consultation
In 2024, CPATA retained an independent, third-party consultant, Calibrate Solutions, to gather information from IP stakeholders and licensees about their experiences with and insights about apprenticeships. The purpose of the consultation project was to assess the merits and challenges associated with the 24-month supervised practice model.
The consultation was conducted between April and November 2024, and included focus groups with over 50 participants, and a survey that was completed by over 100 licensees. Focus group participants included supervisors, trainees, consumers, as well as participants from CIPO, ISED and IPIC. CPATA also engaged in outreach and received submissions in response to the consultation paper. We are grateful to IPIC for the lunchtime roundtable we were able to host on this topic at their 2024 conference in St. John’s.
Key Findings
10 key findings emerged from the consultation.
- The greatest barrier to licensure is an inability to secure a supervised practice opportunity.
- The lack of structured training requirements for intellectual property poses difficulties for both trainees and supervisors; guidance from CPATA is desired by all.
- The professions largely view the supervised practice model as vital.
- Some respondents were open to CPATA exploring education-based pathways to licensure.
- Examination timelines are delaying entry to practice.
- Supervisors would like to see training incentives introduced.
- Respondents cautioned against making rapid changes to the licensing process.
- Intellectual property practice should be promoted more broadly to encourage more individuals, including individuals from diverse backgrounds, to enter the professions.
- Respondents identified several metrics that CPATA may wish to use to help evaluate the effectiveness of the current licensing pathway.
- Clarity around CPATA’s role is required.
Next Steps
The rich information shared by consultation participants allowed CPATA to identify 4 next steps to improve the current pathway to licensure.
- Updating the Public Register to support securing a training supervisor (June 2025).
The consultation found that the greatest barrier to licensure is an inability to secure an opportunity for supervised practice. To facilitate the process, the College launched a new Public Register feature designed to make it easier for training supervisors and agents in training to connect. Class 1 and Class 2 agents who are open to supervising a class 3 agent in training are now be able to indicate so on their CPATA profile. In turn, class 3 agents in training who are looking for a supervisor are now able to indicate so on their CPATA profile.
CPATA recognizes that this is one small step to help connect those seeking an opportunity for supervised practice with the professions. The College will continue to explore how other IP partners may be able to help bridge the gaps between those interested in entering the professions and those open to serving as supervisors.
- Revising the eligibility criteria for Class 3 agents in training to attempt the Patent and Trademark Knowledge Examinations (June 2025).
CPATA changed the eligibility criteria for the knowledge examinations to allow Class 3 agents in training who have completed at least 12 months of approved supervised training by the examination date to be eligible to attempt the Knowledge Examination, if they wish to do so. Previously, agents in training were required to complete the full 24 months of training prior to attempting the examinations. As a reminder, the knowledge exams are just the first part of the examination process. A licensee must demonstrate competency on the Knowledge Exam before being eligible to write the Skills Exam(s).
The reduction from 24 to 12 months is intended to help trainees complete the licensure process and enter unrestricted practice faster upon demonstrating entry-level competency. This change reduces the wait times that trainees have had to take between completing their supervised practice requirements and being able to write the exams.
- Developing supervised practice resources for the training program to support supervisors and trainees (November 2025 – January 2027).
One of the key findings of this consultation was that there is a lack of structured training requirements for supervised practice in intellectual property . Licensees and IP partners highlighted the significant variability of training experiences in preparing trainees for the qualifying exams and professional practice.
As a result of this finding, CPATA committed to developing resources to better support supervised training experiences which instill the competencies required for professional practice, as outlined in the Technical Competency Profiles for Patent Agents and Trademark Agents and the Professional Foundations Competency Profile.
Between November 2025 and January 2026, CPATA will administer a survey to gather information about supervised practice , with the goal of developing resources to frame the supervised training program.
Following the completion of administering the surveys in January 2026, CPATA will recruit licensees to form working groups of subject matter experts to begin creating assessment resources, a process to be facilitated by third-party consultant Principia Assessments Ltd.
Three assessment resources will be available in 2027:
- Training Plan: a template for supervisors and trainees to use for structuring their training experience
- Interim Assessment: a template for supervisors to assess the progress of trainees
- Summative Evaluation: a template for supervisors to assess trainees at the end of their training
Together, the three operational changes mentioned above will help facilitate access to the professions, reduce anxiety around the apprenticeship requirements for both supervisors and trainees, improve consistency of training, and reduce unnecessary delays on exam writing, thereby potentially reducing entry to practice licensure time.
- Continuing to explore alternative pathways to licensure.
The possibility of integrating education-based components to complement or support apprenticeships, or to provide an alternative pathway to improve access to the professions should be considered further. No policy decisions have been made and should such major changes be proposed, CPATA will consult on those changes.