REGISTRATION DEADLINE: JANUARY 27, 2025

This module of the Patent Agent Training Course is a 10-week advanced, practical program intended to enhance the patent agent trainee’s skills relevant to patent infringement and validity and to help prepare a candidate for CPATA’s Qualifying Examinations: the Patent Knowledge Exam and the Patent Agent Skills Exam.

TEST YOUR KNOWLEDGE FOR CPATA'S PATENT KNOWLEDGE EXAM
This feature provides students with the opportunity to complete a series of multiple-choice questions in preparation for the Patent Knowledge Exam which evaluates the patent-related, knowledge-based technical competencies specified in the College of Patent Agents and Trademark Agents Technical Competencies.

Modeled after the CPATA exam format, this study tool is a great way for candidates to test their readiness for the Knowledge Exam.

CURRICULUM AND LEARNING OBJECTIVES

SECTION 1 | Patent Infringement
The infringement section will present the core principles for determining whether something – be it a thing or an activity – is encompassed by the construed claims of a Canadian patent and is thus infringing the patent. The infringement section will also deal with questions of patent infringement that do not directly stem from claim construction. By completing this section, participants will be equipped with the basic knowledge to advise clients on the scope of a Canadian patent and whether it is infringed, as well as to advise clients about possible remedies for, and defenses to, an infringement. Learning objectives include:

• Understand the statutory and judicial underpinnings of the patent’s grant of monopoly.
• Understand the history, principles, and frameworks of patent infringement assessments, including the burden of proof of infringement.
• Understand, in the context of infringement, the purpose of claims, claim structure, claim types, the “person of ordinary skill in the art”, common general knowledge, and the fundamental role of claims construction in key questions of patent infringement.
• Understand the relationships between file wrapper estoppel and questions of patent infringement.
• Understand the current test for infringement in the context of prior tests and those in other jurisdictions.
• Learn the different kinds and sources of information that are to be gathered and consulted in service of an infringement analysis.
• Note different theories of infringement, including pre-grant infringement, joint infringement, inducement of infringement,
• Note the variety of defenses to infringement, including experimental/fair use, third party rights, prior use, incidental use, patent invalidity (in general), and compulsory rights.
• Learn the basic concepts of standard essential patents.
• Learn about the statutory limitation period for infringement.
• Learn about the statutory and judicial bases underpinning remedies for patent infringement.
• Learn about who is actually liable for a given infringement, as well as who can recover the remedies for the infringement.
• Learn about monetary remedies for infringement such as damages, accounting of profits, and reasonable royalty for pre-grant infringement.
• Note the differences between the delivery-up remedy, the injunction remedy, interlocutory remedies, and cost awards.

SECTION 2 | Patent Validity
The validity section will present the core principles for determining whether the construed claims of a Canadian patent, despite having been granted, encompass something – whether it be a thing or an activity – that is statutorily or judicially non-patentable, that is prior art, that is merely a discovery, or that would have been obvious. The validity section will also deal with questions of validity that do not directly stem from claim construction. By completing this section, participants will be equipped with the basic knowledge to advise clients on the scope of a Canadian patent and whether it is invalid, as well as to advise clients on options for modifying a granted patent. Learning objectives include:

• Understand the history, principles, and frameworks of patent invalidity assessments, including the presumption of validity and the burden of proof for proving invalidity.
• Understand, in the context of validity, the purpose of claims, claim structure, claim types, the “person of ordinary skill in the art”, common general knowledge, and the fundamental role of claims construction in key questions of patent validity.
• Understand the relationships between the patent application file wrapper and questions of patent validity.
• Learn the different kinds and sources of information that are to be gathered and consulted in service of an invalidity analysis.
• Understand the statutory underpinnings of patentable subject-matter and utility including Section 2 and Subsection 27(8) of the Patent Act, novelty/anticipation and obviousness including Sections 28.2, 28.3 and 28.4 of the Patent Act, the disclosure requirement including Subsection 27(3) of the Patent Act, other sections, and the Patent Rules.
• Understand key principles set out in the most important judicial decisions addressing validity, on questions of statutory subject-matter, novelty/anticipation, obviousness, utility, the disclosure requirement, and secondary considerations of obviousness.
• Note how the duty of candor, making material untrue allegations, and inventorship may factor into considerations of invalidity.

COURSE FORMAT
The delivery of this online course is a combination of live and on demand lectures, workshops and distance education learning. 

 VIRTUAL LECTURES AND WORKSHOPS: FEBRUARY 5 – 7 | 2025
 12 – 5 PM (ET) | DAILY

The lectures will introduce the core principles surrounding patent infringement and validity and course instructors will walk students through hands-on exercises covering key principles of patent infringement and validity.

** Students are required to attend the live lectures and workshops during the designated times.

 DISTANCE EDUCATION: FEBRUARY 14 – APRIL 11 | 2025

The initial lectures will be followed by eight practice exercises, consisting of one exercise per week submitted via e-mail to an instructor for review. These assignments will involve approximately five hours of work per week and are mandatory to obtain an attestation of course completion.

COURSE PRE-REQUISITES
To obtain the optimum benefits from the course it is recommended that students have at least one year of experience or training in the areas of patent infringement and validity according to Canadian practice.

TUITION FEES
IPIC Member: $2,600 plus applicable tax
Non Member: $3,400 plus applicable tax 
Registration Deadline: January 27, 2025

Cancellation Policy: A cancellation fee of $100 (plus applicable tax) will be applied to cancellations received after January 20, 2025. Refunds will not be issued after January 27, 2025, except to patent agent trainees whose success in the 2024 Patent Agent Exam is confirmed after having attended the initial course lectures. An amount equal of half the registration fee will be reimbursed to trainees who opt out of the course on that basis.

Financial aid may be available for students whose tuition fees are not paid by an employer. Applicants will be considered on the basis of their gross annual income. Please contact the IPIC office at education@ipic.ca or 613-234-0516.

IPIC reserves the right to cancel the course due to insufficient registration.

ATTESTATION OF COURSE COMPLETION
Students who complete and submit all eight practice exercises will receive an attestation of completion at the end of the course. 

NEXT STEPS IN PREPARING FOR CPATA’S PATENT AGENT SKILLS EXAM
IPIC will offer a second module of the Patent Agent Training Course on Drafting & Prosecution in May 2025. This next module is intended to enhance the patent agent trainees’ skills relevant to drafting and prosecution and to increase chances of success in the Canadian Qualifying Patent Agent Examinations. 

IPIC will also offer the Patent Agent Exam Tutorials over the summer consisting in a sample examination to test your readiness for the CPATA’s Skills Exam. 

Students who complete at least one module of the 2025 Patent Agent Training Course will receive a 15% discount on the 2025 Patent Tutorials tuition fees at the time they register for the Tutorials.

INQUIRIES
For more information on the course:
education@ipic.ca
613-234-0516

Program subject to change.