As of June 2021, the College of Patent Agents and Trademark Agents has taken over responsibility of the agent exams from the Canadian Intellectual Property Office (CIPO). Those interested in learning about becoming a patent or trademark agent, the accompanying fees, exams and licenses are invited to visit the College's website: https://cpata-cabamc.ca/agents-trainees/.
| How to Become a Patent Agent in Canada | How to Become a Trademark Agent in Canada |
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How to Become a Patent Agent in Canada
The following steps to become a patent are not the official rules. If you are interested in becoming a patent agent, you must consult the information provided by the College of Patent Agents and Trademark Agents.
The College administers the qualifying examinations and maintains the Register of Patent Agents and Trademark Agents.
Step One: Verify that you meet the prerequisites
If you are a resident of Canada, meet the good character, fitness to practise, and language proficiency requirements, and have worked for at least 24 months in the area of Canadian patent law and practice, including preparing and prosecuting patent applications, under the supervision of an approved registered Patent Agent or an approved representative of the Patent Office, you will be eligible to take the Patent Agent Qualifying Examination. Individuals with experience that does not meet these requirements are encouraged to contact the College to discussion their situation as soon as possible.
Please review Become an Agent in Training, on the College’s website, for detailed information and access to policies that describe the submission requirements.
Step Two: Prepare for the Examination
To complement the on-the-job training, IPIC offers optional training courses in patent law and practice, as well as webinars to prepare for the exams.
Please click here for information on our training courses or e-mail us at admin@ipic.ca.
Consult past patent agent exams by clicking here.
Step Three: Register for the Examination
The College By-laws require agents in training to attempt the exams immediately following the completion of the training requirement. If a trainee cannot meet this requirement, they can submit a waiver request to the Registrar of the College. When you are eligible to take the exam, you must submit the College’s Qualifying Examination Application Form and provide the supporting documentation, as noted on the form, including payment. The College will confirm your eligibility for the exam.
Detailed information regarding the exams can be found here.
Step Four: Write the Examination
The examination is held online. There are four papers that must be successfully passed:
Paper A - Drafting
Paper B - Validity
Paper C - Office Practice
Paper D - Infringement
You may register to write one, two, three or all four papers at a time. In order to pass the examination, you must receive a minimum score of 50 out of 100 on each paper, with a minimum aggregate of 240. You may carry forward scores greater than 60 out of 100 to subsequent years until all papers have been passed.
Step Five: Register as a Patent Agent
Upon completion of the registration requirements, which include the 24-month training period, the agent training course (to be developed), and the Qualifying Examinations, an Agent in Training (a Class 3 licensee) may apply to the Registrar to be a Patent 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;
- compliance with their training agreement;
- good character; and
- fitness to practice,
- and declare that they will:
- practise with integrity;
- uphold the independence of the patent profession; and
- comply with the Code of Professional Conduct.
The application form can be found on the College’s website here.
![[untitled]](_uploads/61c36937cefa1.jpg)
How to Become a Trademark Agent in Canada
The following steps to become a trademark agent are not the official rules. If you are interested in becoming a trademark agent, you must consult the information provided by the College of Patent Agents and Trademark Agents.
The College administers the qualifying examinations and maintains the Register of Patent Agents and Trademark Agents.
Step One: Verify that you meet the prerequisites
If you are a resident of Canada, meet the good character, fitness to practise, and language proficiency requirements, and have worked for at least 24 months in the area of Canadian trademark law and practice, including preparing and prosecuting trademark applications, under the supervision of an approved registered Trademark Agent or an approved representative of the Trademarks Office, you will be eligible to take the Trademark Agent Qualifying Examination. Individuals with experience that does not meet these requirements are encouraged to contact the College to discussion their situation as soon as possible.
Please review Become an Agent in Training, on the College’s website, for detailed information and access to policies that describe the submission requirements.
Step Two: Prepare for the Examination
To complement the on-the-job training, IPIC offers optional training courses in trademark law and practice, as well as webinars to prepare for the exams.
Please click here for information on our training courses or e-mail us at admin@ipic.ca.
Consult past trademark agent exams by clicking here.
Step Three: Register for the Examination
The College By-laws require agents in training to attempt the exams immediately following the completion of the training requirement. If a trainee cannot meet this requirement, they can submit a waiver request to the Registrar of the College. When you are eligible to take the exam, you must submit the College’s Qualifying Examination Application Form and provide the supporting documentation, as noted on the form, including payment. The College will confirm your eligibility for the exam.
Detailed information regarding the exams can be found here.
Step Four: Write the Examination
The examination is held online. To pass the examination, a candidate must obtain at least 65% of the marks for each part of the exam. Part B of the examination will generally not be marked unless the candidate obtains at least 65% on Part A.
Step Five: Register as Trademark Agent
Upon completion of the registration requirements, which include the 24-month training period, the agent training course (to be developed), and the Qualifying Examinations, an Agent in Training (a Class 3 licensee) may apply to the Registrar to be a 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;
- compliance with their training agreement;
- good character; and
- fitness to practice,
- and declare that they will:
- practise with integrity;
- uphold the independence of the trademark profession; and
- comply with the Code of Professional Conduct.
The application form can be found on the College’s website here.