Licensure

Applications for a Class 1 Licence

Upon completion of the registration requirements, which include the 24-month training period, the agent training course (to be developed), and the Qualifying Examinations, an Agent in Training (a Class 3 licensee) may apply to the Registrar to be a Patent Agent or Trademark Agent (a Class 1 Licensee). In addition to paying the application fees and submitting the application form, an applicant for this class must:
  • demonstrate:
    • Canadian residency;
    • compliance with their training agreement;
    • good character; and
    • fitness to practice,
  • and declare that they will:
    • practise with integrity;
    • uphold the independence of the patent and trademark professions; and
    • comply with the Code of Professional Conduct.

Applications for a Class 2 Licence

Class 1 Licensees may apply to the Registrar to change the class of their licence to an inactive class (Class 2 licence). Class 2 Licensees are not entitled to represent persons in the presentation and prosecution of applications for the registration of patents or trademarks, or in other business before the Patent Office or Office of the Registrar of Trademarks. In addition to paying the application fees and submitting the application form, an applicant for this class must:
  • provide their:
    • contact information;
    • professional employment history, and;
  • confirm, in writing:
    • that all client matters have been completed or arrangements have been made to return their files to their clients or transfer them to another Class 1 Licensee;
    • that any matters in progress at the Patent Office or Office of the Registrar of Trademarks have been assigned to another Class 1 Licensee with notice communicated to the appropriate office; and
    • of the location of the files from their practice that are not returned or transferred.

Applications for Reinstatement of Class 1 Licence from Class 2

Class 2 Licensees may apply to the Registrar to be reinstated as a Class 1 Licensee. In addition to paying the application fees and submitting the application form, an applicant for this class must:
  • demonstrate:
    • Canadian residency;
    • good character; and
    • fitness to practice; and
  • declare that they will:
    • practise with integrity;
    • uphold the independence of the patent and trademark professions; and
    • comply with the Code of Professional Conduct.

Suspension and Revocation

The Registrar may suspend a licence if the licensee fails to:

(a) pay the annual fee in accordance with the by-laws;

(b) pay, within the time and in the manner provided for under the College of Patent Agents and Trademark Agents Act (the “Act”), any other fee or amount that the licensee is required to pay under the Act;

(c) provide any information or document in accordance with the by-laws;

(d) comply with any requirement that is imposed by the by-laws with respect to continuing professional development;

(e) comply with a condition of their licence that is imposed under the Act;

(f) comply with any requirement with respect to professional liability insurance that is imposed under the Act; or

(g) comply with any other requirement that is imposed under the by-laws.

If the licensee corrects the matter that resulted in the suspension and pays the fee for reinstatement within two years from the day of the suspension, the Registrar must reinstate the person whose licence was suspended.

A person whose licence has been suspended for more than two years may apply for reinstatement if they correct the matter that resulted in the suspension, pay the reinstatement fees and complete required continuing professional development requirements. Please note that these requirements are still being considered by the CPATA and will be communicated when the information is available.

The Registrar must revoke a licence that has been suspended for at least five (5) consecutive years by providing notice to the licensee’s last known email address thirty (30) days before the day on which the revocation will take effect.

Reinstatement Form

Surrender

A licensee can request to surrender their licence to the Registrar.

An application for surrender must include payment of all applicable fees and must provide contact information, professional employment history, and confirm, in writing, that all client matters have been completed or arrangements have been made to return their files or transfer them to another Class 1 Licensee. Any matters in progress at the Canadian Intellectual Property Office must be assigned to another Class 1 Licensee with notice communicated to the appropriate office.  and applicants must indicate the location of the files from their practice that are not returned or transferred and pay the applicable fees. If the Registrar is satisfied with the submission and has confirmed that the applicant is not the subject of a complaint or investigation under the Act or is the subject of an application by the Investigations Committee to the Discipline Committee, they must accept the surrender request.

Request to Surrender a Licence Application Form