Please note that as per CPATA’s By-laws, fees will be increased by 2% starting January 1, 2025.
Patent agents and trademark agents are important for Canada’s innovation sector because they help creators and innovators protect and leverage their intellectual property (IP) rights. By providing professional advice and services, patent agents and trademark agents help their clients develop effective IP strategies, file and prosecute IP applications, and navigate complex IP laws and regulations. Only those individuals licensed by CPATA who have gone through a rigorous training and qualifying examination system can hold themselves out as patent agents or trademark agents.
Become a Patent Agent or Trademark Agent
To become a patent agent or a trademark agent, you must:
- Verify your eligibility to become a Class 3 Agent in Training
- Find a training supervisor* who is a registered Class 1 licensee or Class 2 licensee, and/or a representative of CIPO (*training supervisors must be approved by the Registrar).
- Follow these steps to create a profile through the Licensee Portal.
- Follow these steps to submit your Class 3 Licence (Agent in training) application through the Applicant Portal. Please note that the Training Supervisor Application Form must be completed and sent by email by the supervisor to registration-inscription@cpata-cabamc.ca.
- Complete your training under the supervision of your training supervisor (24 months, or possibly less for internationally trained applicants who have prior experience as licensed patent agents or trademark agents in another jurisdiction).
- Demonstrate competency on the patent agent qualifying examinations or trademark agent qualifying examinations, as applicable.
- Apply for a class 1 patent agent or trademark agent licence within 6 months of demonstrating competency on the qualifying examination.
Step 1: Verify Your Eligibility to Become an Agent in Training
The CPATA Act, Regulations and By-laws set out the requirements for registration:
- Language proficiency (English or French) – Applicants must be able to communicate well with the Canadian Intellectual Property Office and their clients. Proof of language proficiency is required if English or French is not the applicant’s first language, or if their education was taught in a language other than English or French. Details can be found in the Registrar’s Policy on Language Proficiency.
- Canadian residence – Applicants must establish they meet the Canadian residence requirement. If an applicant does not reside in Canada or does not retain a business address in Canada, secondary residential ties must be established by providing additional supporting documentation. Details can be found in the Registrar’s Policy on Canadian Residency.
- Training Agreement: Applicants must have a training agreement with an approved training supervisor. Details can be found in the Registrar’s Policy on Approved Training Programs.
- Good character – Applicants must demonstrate integrity and competence in accordance with the highest standards of the profession to preserve the trust, respect and confidence of members of the profession and the public. Details can be found in the Registrar’s Policy on Good Character and Fitness to Practise.
- Confirmation of Identity – Applicants must confirm their identity. Details can be found in the Registrar’s Policy on Confirming Identity.
- Fitness to practise – Applicants must confirm their capacity to perform the work of a licensee, and maintain their licence, with sufficient knowledge, skills and judgement that is not substantially impaired. Details can be found in the Registrar’s Policy on Good Character and Fitness to Practise.
Step 2: Find a Training Supervisor
Training Supervisors must be:
- either a licensed Class 1 or Class 2 patent agent or trademark agent in good standing with CPATA; or
- Supervisors provide training experiences that support the development of competencies (knowledge and skills) needed for professional practice.
Supervisors provide training experiences that support the development of competencies (knowledge and skills) needed for professional practice.
They commit to providing trainees with meaningful training and exposure to, and involvement in, work that focuses on knowledge and experience of the practical aspects of the work of a patent agent or a trademark agent, together with an appreciation of the traditions and ethics of the profession.
CPATA does not have a mechanism in place for matching supervisors with prospective trainees. Prospective agents can review our Public Register to identify agents/firms that may be open to discussing training opportunities.
Step 3: Create a profile in the Licensee Portal.
Follow these steps to create a profile in the Licensee Portal.
Step 4: Apply for a Class 3 (Agent in Training) Licence
Follow these steps to submit your Class 3 (Agent in Training) Licence Application through the Licensee Portal.
To ensure full recognition of training experience, applicants should submit their online Class 3 Agent in Training applications as soon as possible after they start the 24-month training period. It is strongly recommended that all applications are submitted within 30 days of commencing training to ensure that experience is fully recognized.
- Documentation required for every application:
- Proof demonstrating Canadian residency: If an applicant does not reside in Canada or does not retain a business address in Canada, secondary residential ties must be established.
- Criminal background check
- Valid acceptable identification: An electronic copy of one (1) current, unaltered passport photo OR an electronic copy of one (1) government-issued photo identification.
- Training Supervisor Application form: to be sent directly from the supervisor to CPATA.
Additional documentation that may be required on a case-by-case basis:
- Language proficiency (English or French): Proof of language proficiency is required if English or French is not the applicant’s first language, or if their education was taught in a language other than English or French. This may include language proficiency test scores or other non-objective evidence.
- Certificate of Standing from another regulatory body: If an applicant is registered with another regulatory body inside or outside of Canada, they also need to request the other regulator send a certificate/letter of standing directly to CPATA.
- Fitness to Practise: Additional Information Form: Licensees who answer that they are currently experiencing any condition which is reasonably likely to substantially impair their ability to perform the duties of a Patent Agent or Trademark Agent in Training in the application form must submit this additional form.
- Prior Experience Assessment Request Form: Applicants who wish to request recognition of Canadian or international experience completed prior to registration must complete the form for patent agents in training or the form for trademark agents in training , along with the supporting documentation.
Fees
The application fee to apply for a class 3 agent in training licence is $250.00 plus taxes.
Note: Before the Registrar issues the licence, the licensee must pay the annual fee, pro-rated to the number of months remaining in the year following the month in which the licence is issued.
Timelines
Once the registration department receives a complete application, it takes approximately 4-6 weeks for a registration decision or a request for additional information to be made. You will be contacted by the registration department if your application is not complete and/or more documentation is necessary.
An application is considered complete when all documentation, information and fees required to review the application have been received. Delays may occur for the following reasons: high volume of applications, incomplete applications and/or complex cases etc. If such a delay occurs you will be notified.
Step 5: Complete 24-months of supervised training
Complete 24-months of training under the supervision of a registered Class 1 licensee or Class 2 licensee, and/or a representative of CIPO approved by the Registrar. Internationally trained applicants with a prior experience assessment may be permitted to complete a reduced training period.
Individuals who will complete their training in advance of the 2025 Knowledge Examinations must apply to register as Agents in Training by no later than October 31, 2024 (Winter Exams) or February 28, 2025 (Spring Exams) and register for the examination by the deadlines noted below.
All trainees, whether they are just starting their training, in progress with their training or have completed their training, should read the competency profile for the licence that they are pursuing.
Those who are in progress with their training or who have completed their training can identify any gaps in knowledge or skills and develop a training/education plan to bridge those gaps in preparation for the qualifying examinations.
Those who are just starting their training can use the competency profiles as a roadmap to develop a training plan that aligns with the competency profile over the 24-month training period.
Step 6: Demonstrate Competency on the Qualifying Examinations
The last step to becoming a patent agent or a trademark agent is to demonstrate competence on the qualifying examinations. Only Class 3 agents in training who have completed the training requirement are eligible to register for the exams.
- Knowledge Examinations: The Knowledge Examination ensures that test-takers have the foundational knowledge necessary for patent agent or trademark agent practice. The exam assesses the patent-related or trademark-related knowledge concepts specified in the College of Patent Agents and Trademark Agents Technical Competencies document.
The deadlines for registering for the 2025 Winter Knowledge Examination is January 24, 2025, and the 2025 Spring Knowledge Examination is May 9, 2025.
A test-taker must successfully demonstrate competence on the Knowledge Examination before attempting the Agent Skills Examination.
More information about the Patent Agent Knowledge Examination
More information about the Trademark Agent Knowledge Examination
- Skills Examinations: The Skills Examinations evaluate the patent-related or trademark-related, skills-based technical competencies specified in the College of Patent Agents and Trademark Agents Technical Competencies. CPATA is now preparing the new Patent Agent Skills Examinations, which will take place in fall 2024.
Step 7: Apply for a class 1 patent agent or trademark agent licence within 6 months of demonstrating competency on the qualifying examinations.
For more information on how to apply as a Class 1 patent agent or trademark agent please click here.
More Information
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