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 a 24-month apprenticeship and then pass qualifying examinations. Over time, the duration of the apprenticeship has varied from 0-24 months. In other jurisdictions such as the US, apprenticeships are 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 apprenticeship model.
The consultation was conducted between April and November 2024, and included focus groups with over 50 participants, and a survey of trainees and supervisors 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 an apprenticeship.
- The lack of structured training requirements for intellectual property apprenticeships poses difficulties for both trainees and supervisors; guidance from CPATA is desired by all.
- The professions largely view the apprenticeship 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 an apprenticeship.
The consultation found that the greatest barrier to licensure is an inability to secure an apprenticeship. As a first step in breaking down this barrier, Class 1 and Class 2 agents who are open to supervising a class 3 agent in training will be able to indicate so on their CPATA profile. In turn, class 3 agents in training who are looking for a supervisor will be able to indicate so on their CPATA profile. This information will then be visible and searchable on the Public Register.
CPATA recognizes that this is one small step to help connect those seeking to apprentice with the professions. The College will continue to explore how other IP stakeholders may be able to help bridge the gaps between those interested in entering the professions and those open to serving as supervisors.
- Developing training resources to provide guidance to supervisors and trainees on training requirements.
To help supervisors and trainees develop training experiences that prepare agents in training for entry to practice, CPATA will be building resources in the next 12-24 months that may help structure training and allow for all knowledge and skills areas to be addressed during the training period.
- Revising the eligibility criteria for Class 3 agents in training to attempt the Patent and Trademark Knowledge Examinations.
Starting with the Winter 2026 administration, Class 3 agents in training who have completed at least 12 months of approved supervised training will be eligible to attempt the Knowledge Examination, if they wish to do so. As a reminder, the knowledge exams are just the first part of the examination process. A licensee must demonstrate competency on the knowledge exams before being able to write the Skills Exams.
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 apprenticeship requirements and being able to write the exams.
Together, the three operational changes mentioned above (which will be implemented over the next 12 months) 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.
