CPATA will be closed on Monday, May 22 for Victoria Day.

Licence Classes

Licence Classes

CPATA’s Licence Classes Starting May 1, 2023 

Class 1 active: an agent with a full licence who can present and prosecute before CIPO  

Class 2 restricted: an agent who can practise as an agent but cannot present and prosecute before CIPO 

Class 3 agent-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  

Class 4 inactive: an agent who is not in active practice as an agent and cannot practice as an agent 

Changes to Class 2 Licences

CPATA’s Class 2 licence was initially intended to provide an option for maintaining licensure to agents who were temporarily or permanently not practising. Data from CPATA’s recent licensee survey revealed that a significant portion of class 2 licensees were involved in patent and/or trademark practice in some capacity. Several of these IP tasks carry a risk of harm to the public, and Class 2 licensees who are providing IP services to the public were previously not required to have professional liability insurance.  

 

As of May 1, the Class 2 licence is available for agents seeking to practise as an agent but not to present and prosecute before CIPO. Class 2 licensees will need to obtain professional liability insurance meeting CPATA’s requirements by December 31, 2023. A new Class 4 licence will address inactive licensees (see below). 

New Class 4 Licence 

A new Class 4 licence has been created for agents who are inactive, meaning that they are temporarily or permanently not practising. Current Class 2 licensees who wish to remain inactive will need to change to a Class 4 licence. They will have until December 31, 2023 to apply for a Class 4 licence without paying a fee for the class change request.   

 

The table below summarizes the major differences that will exist between Class 2 and Class 4 licences.    

Class 2 

Class 4 

Restricted licence 

Inactive licence 

Can practise as an agent but cannot present and prosecute before CIPO

Cannot practice as an agent

Must have adequate professional liability insurance 

Exempt from professional liability insurance 

Must undertake continuing professional development (when CPATA establishes requirements) 

Exempt from continuing professional development requirements  

$1,500 for a patent agent OR trademark agent licence / $2250 for a patent agent AND a trademark agent licence (dual licence)

$100 /licence/year fees to maintain registration 

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 conduct issues related to competence or unacceptable behaviour that harms the public. You can check why an agent’s licence is suspended by reviewing their profile on our Public Register. Suspended licences 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 conduct issues related to competence or unacceptable behaviour that harms the public. 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.   

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