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Entitlements in Canada

CPATA Regulations and By-laws allow any individual resident of a country other than Canada who is authorized to act as a patent/trademark agent under the law of that country to act as a Foreign Practitioner (aka: “Non-Resident Agent” in the Board By-laws) and to perform limited functions in Canada.

Foreign Practitioners Now Included in Public Register

Anyone can now verify the licence status of an active foreign practitioner by looking up their name in CPATA’s Public Register. To pull up a list of all active foreign practitioners, enter the keyword ‘foreign’.”

What can a Foreign Practitioner do in Canada?

Foreign Practitioners listed on the Register of Patent Agents

These practitioners are entitled to:

  • Appoint a patent agent to represent an applicant or patentee on the applicant or patentee’s behalf, and revoke the existing appointment of a patent agent on the applicant or patentee’s behalf;
  • Sign a small entity declaration on behalf of the applicant or patentee; and
  • Participate in an interview with an examiner at the Patent Office, with the permission of the licensee on the file.

In addition to the above, persons authorized by the applicant (including a foreign practitioner) are able to perform the following actions for patent applications:

  • File a new application or a request for national phase entry if authorized in accordance with subsection 36(2) of the Patent Rules;
  • Pay a maintenance fee if authorized in accordance with subsection 36(2) or 37(1) of the Patent Rules;
  • Submit a request for examination;
  • Submit a request to record a transfer if authorized in accordance with subsection 36(3) or 37(1) of the Patent Rules;
  • Submit a request to record a name change if authorized in accordance with subsection 36(4) or 37(1) of the Patent Rules;
  • Take any action to represent a patentee, excluding those outlined in subsection 37(2) of the Patent Rules, if authorized in accordance with subsection 37(1) of the Patent Rules.

Foreign Practitioners listed on the Register of Trademark Agents

These practitioners are entitled to:

  • Appoint a Trademark Agent to represent a person in any business before the Office of the Registrar of Trademarks or give notice of the revocation of such an appointment.

In addition to the above, persons authorized by the applicant (including a foreign practitioner) are able to perform the following actions for trademarks:

  • filing an application for the registration of a trademark, an application for international registration or a transformation application;
  • paying a fee;
  • renewing the registration of a trademark; or
  • making a request or providing evidence with respect to the transfer of an application or a registration under section 48 of the Trademarks Act.