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).
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;
- 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.
The fee for the application for an initial registration as a Class 1 licensee is $250 plus applicable taxes
Applications for a CEO/Registrar Certificate
The fee for individuals to apply for a CEO/Registrar Certificate is $75.00 plus applicable taxes.
Applications for a Class 2 Licence
Class 1 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 the Patent Office or Office of the Registrar of Trademarks.
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, 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.
The fee for Class 1 Licensees to apply to the Registrar to change their licence class to restricted (Class 2) is $150.00 plus applicable taxes.
Applications for a Class 4 Licence
Class 1 or class 2 licensees may apply to the Registrar to change to a class 4 (inactive) licence. 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.
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 $150.00 plus applicable taxes.
Applications for Class 1 Licence from Class 2
Class 2 Licensees may apply to the Registrar to change to a Class 1 Licensee. In addition to paying the application fees and submitting the application form, an applicant for this class must:
- demonstrate:
- Canadian residency;
- 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.
If a licensee is 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.
The fee for inactive Patent Agents or Trademark Agents (Class 2 Licensees) to apply to the Registrar to be reinstated as an active Patent Agent or Trademark Agent (Class 1 Licensee) is $150.00 plus applicable taxes.
Applications for Class 1 or 2 Licence from a Class 4 Licence
Class 4 Licensees may apply to the Registrar to change to a Class 1 or 2 Licensee.
In addition to paying the application fees and submitting the application form, an applicant for this class must:
- demonstrate:
- Canadian residency;
- 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.
If a licensee is inactive 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 to return to full active (class 1) or restricted practice (class 2).
The fee for inactive Patent Agents or Trademark Agents (Class 4 Licensees) to apply to the Registrar to be reinstated as an active or restricted Patent Agent or Trademark Agent (Class 1 or Class 2 Licensee) is $150.00 plus applicable taxes.
Class 4 Change to Class 1 or Class 2 Licence Application Form (coming soon)
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 two years from the day of the suspension, the Registrar must reinstate the person whose licence was suspended.
A person whose licence has been suspended for more than two years may apply for reinstatement if they correct the matter that resulted in the suspension, pay the reinstatement fees and complete required continuing professional development requirements. Please note that these requirements are still being considered by the CPATA and will be communicated when the information is available.
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 $150.00 plus applicable taxes.
Surrender
A licensee can request to surrender their licence to the Registrar.
An application for surrender must include payment of all applicable fees and must provide contact information, professional employment history, and confirm, in writin:
- 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.
The fee to apply to the Registrar to surrender a class 1 or class 2 licence is $250.00 plus applicable taxes. The fee to apply to the Registrar to surrender a class 3 or class 4 licence is $100.00 plus applicable taxes.