Licence Classes
CPATA’s Licence Classes
Class 1 licensees have full practice rights, including presenting and prosecuting before CIPO.
Class 2 licensees have restricted practise rights. This means that they can do everything that a Class 1 agent can do with the exception of presenting and prosecuting before CIPO.
Class 3 licensees are agents-in-training: an agent who is currently in training under the supervision of an approved Class 1 or Class 2 agent, or a representative of CIPO. These licensees are permitted to appear before and communicate with CIPO under the supervision of their approved Training Supervisor.
Class 4 licensees are considered “inactive” or “non-practising”, whether temporarily or permanently, and are not permitted to practise the competencies identified in the Technical Competency Profiles for Patent Agents and Trademark Agents as agents or hold themselves out as an active, practising agent.
Professional Liability Insurance Requirements by Licence Class
Class 1: Insurance is required, unless the licensee is exempt because they do not provide services to the public (for example because they are an in-house practitioner).
Class 2: Insurance is required, unless the licensee is exempt because they do not provide services to the public (for example because they are an in-house practitioner).
Class 3: insurance is required, unless the licensee is exempt because they do not provide services to the public.
Class 4: insurance is not required.
Licensees who do not provide services to the public (for example in-house practitioners) are exempt from professional liability insurance requirements, regardless of whether they are a class 1, 2 or 3 licensee. Licensees can be covered by their own policy or that of their employer or supervisor.
Licence Status
An agent’s licence status refers to the current state of their licence.
- Active: The agent is permitted to practise according to the class of licence they hold.
- Suspended: The agent is not permitted to practise. There are many reasons why a licence might be suspended. The most common reason is for non-payment of fees, but licences can be suspended for other administrative reasons or disciplinary findings of incompetence or professional misconduct. You can check why an agent’s licence is suspended by reviewing their profile on our Public Register. Suspended licences (administrative) can be reinstated within a specified time period.
- Revoked: The agent’s licence has been taken away. There are many reasons why a licence might be revoked. The most common reason is that the licence has been in suspended status for at least 5 years, but licences can be revoked for disciplinary findings of incompetence or professional misconduct. You can check why an agent’s licence is revoked by reviewing their profile on our Public Register.
- Surrendered: The agent has voluntarily advised CPATA that they no longer wish to practise the profession. Common reasons for this status include retirement, leaving the profession or leaving Canada.