Applications for a Class 1 Licence
Upon completion of the registration requirements, which include an approved training program, and the Qualifying Examinations, an Agent in Training (a Class 3 licensee) may apply to the Registrar to be a Patent Agent or Trademark Agent (a Class 1 Licensee).
The application must be submitted to the Registrar within six months after the day on which the applicant is advised of their successful completion of the qualifying examinations.
The fee for the Class 1 application is $255 plus applicable taxes.
Before the Registrar issues the class 1 licence, the applicant 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. For example, if an application is approved in April, the applicant would pay the pro-rated annual fee that covers the period of May-December of that year.
In addition to paying the application fees and submitting the application form, an applicant for this class must:
- demonstrate:
- Canadian residency;
- completion of the training and examination requirements;
- proof of professional liability insurance or an exemption;
- good character; and
- fitness to practice,
- and declare that they will:
- practise with integrity;
- uphold the independence of the patent and trademark professions; and
- comply with the Code of Professional Conduct.
Applications for a CEO/Registrar Certificate
The fee for individuals to apply for a CEO/Registrar Certificate is $102.00 plus applicable taxes.
Applications to Change to Class 1
Class 2 and 4 Licensees may apply to the Registrar to change to a Class 1 Licensee.
The fee for Class 2 and 4 Licensees to apply to the Registrar change to a Class 1 Licence is $153.00 plus applicable taxes.
Before the Registrar issues the class 1 licence, the applicant 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. For example, if an application is approved in April, the applicant would pay the pro-rated annual fee that covers the period of May-December of that year.
In addition to paying the application fees and submitting the application form, an applicant for this class must:
- demonstrate:
- Canadian residency;
- proof of professional liability insurance or an exemption;
- good character;
- fitness to practice; and
- declare that they will:
- practise with integrity;
- uphold the independence of the patent and trademark professions; and
- comply with the Code of Professional Conduct.
If a licensee has been in restricted practice for more than three years, they may be required to undertake additional training or education requirements as specified by the Registrar, to establish eligibility to return to full active (class 1) practice.
Applications to Change to Class 2
Class 1 or 4 Licensees may apply to the Registrar to change the class of their licence to a restricted class (Class 2 licence). Class 2 Licensees are not entitled to represent persons in the presentation and prosecution of applications for the registration of patents or trademarks, or in other business before CIPO.
The fee for Class 1 or 4 Licensees to apply to the Registrar to change their licence class to restricted (Class 2) is $153.00 plus applicable taxes.
Before the Registrar issues the class 2 licence, the applicant 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. For example, if an application is approved in April, the applicant would pay the pro-rated annual fee that covers the period of May-December of that year.
In addition to paying the application fees and submitting the application form, an applicant for this class must:
- provide their:
- contact information;
- professional employment history,
- proof of professional liability insurance or an exemption, and;
- confirm, in writing:
- (i) that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred,
- (ii) that they have assigned any matters in progress at CIPO to one or more licensees described in subparagraph (i) and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, and
- (iii) the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).
Application to Change to Class 4
Class 1 or class 2 licensees may apply to the Registrar to change to a class 4 (inactive) licence.
The fee for inactive Class 1 or Class 2 Licensees to apply to the Registrar to change their licence class to inactive (Class 4) is $153.00 plus applicable taxes.
Before the Registrar issues the class 4 licence, the applicant 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. For example, if an application is approved in April, the applicant would pay the pro-rated annual fee that covers the period of May-December of that year.
In addition to paying the application fees and submitting the application form, an applicant for this class must declare that they will not practise as a patent agent and/or a trademark agent and confirm, in writing:
that all client matters have been completed or arrangements have been made to return their files to their clients or transfer them to one or more licensees whose class of licence permits them to proceed with the file or files being transferred;;
that any matters in progress at the Patent Office or Office of the Registrar of Trademarks have been assigned to one or more licensees whose class of licence permits them to proceed with the file or files being transferred with notice communicated to the appropriate office; and of the location of the files from their practice that are not returned or transferred.
Suspension and Revocation
The Registrar may suspend a licence if the licensee fails to:
(a) pay the annual fee in accordance with the by-laws;
(b) pay, within the time and in the manner provided for under the College of Patent Agents and Trademark Agents Act (the “Act”), any other fee or amount that the licensee is required to pay under the Act;
(c) provide any information or document in accordance with the by-laws;
(d) comply with any requirement that is imposed by the by-laws with respect to continuing professional development;
(e) comply with a condition of their licence that is imposed under the Act;
(f) comply with any requirement with respect to professional liability insurance that is imposed under the Act; or
(g) comply with any other requirement that is imposed under the by-laws.
If the licensee corrects the matter that resulted in the suspension and pays the fee for reinstatement within three years from the day of the suspension, the Registrar must reinstate the person whose licence was suspended.
If a licensee is suspended for more than three years, they may be required to undertake additional training, education or examination requirements as specified by the Registrar, to establish eligibility for reinstatement.
The Registrar must revoke a licence that has been suspended for at least five (5) consecutive years by providing notice to the licensee’s last known email address thirty (30) days before the day on which the revocation will take effect.
The fee to apply to the Registrar for reinstatement of a suspended licence is $255.00 plus applicable taxes.
Before the Registrar reinstates licence, the applicant 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. For example, if an application is approved in April, the applicant would pay the pro-rated annual fee that covers the period of May-December of that year.
Surrender
A licensee can request to surrender their licence to the Registrar.
An application for surrender must include current and future contact information, the reason for the surrender, professional employment history, and confirmation, in writing:
- that all client matters have been completed or arrangements have been made to return their files to their clients or transfer them to one or more licensees whose class of licence permits them to proceed with the file or files being transferred;
- that any matters in progress at the Patent Office or Office of the Registrar of Trademarks have been assigned to one or more licensees whose class of licence permits them to proceed with the file or files being transferred with notice communicated to the appropriate office; and
- of the location of the files from their practice that are not returned or transferred.
If the Registrar is satisfied with the submission and has confirmed that the applicant is not the subject of a complaint or investigation under the Act or is the subject of an application by the Investigations Committee to the Discipline Committee, they must accept the surrender request.