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Patent Rules

Version of section 19 from 2019-10-30 to 2021-06-27:


Marginal note:Eligibility for qualifying examination

 A person is eligible to sit for a paper of the qualifying examination for patent agents if the person meets the following requirements:

  • (a) on the day of that paper, the person resides in Canada and

    • (i) has been employed for at least 24 months on the examining staff of the Patent Office,

    • (ii) has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications for a patent, for at least 24 months, or

    • (iii) has worked in the area of patent law and practice, including the preparation and prosecution of applications for a patent, for at least 24 months, at least 12 of which were worked in Canada and the rest of which were worked in another country where the person was authorized to act as a patent agent under the law of that country; and

  • (b) not later than two months after the day on which the notice referred to in subsection 21(2) is published, the person

    • (i) notifies the Commissioner in writing of their intention to sit for that paper,

    • (ii) pays the fee set out in item 2 of Schedule 2 for that paper, and

    • (iii) furnishes the Commissioner with a statement indicating that they will meet the requirements set out in paragraph (a), along with supporting justifications.


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