College of Patent Agents and Trademark Agents Regulations (SOR/2021-129)

Marginal note:Deemed holder of patent agent in training licence

• 21 (1) An individual is deemed to hold a patent agent in training licence during the period described in subsection (2) if that individual

  • (a) is working in the area of Canadian patent law and practice, including the preparation and prosecution of applications for a patent;

  • (b) is supervised, in respect of that work,

    • (i) by an individual who holds a patent agent licence or who, before the day on which these Regulations come into force, is a patent agent, or

    • (ii) by an individual who is responsible for a legal clinic associated with a Canadian faculty of law;

  • (c) is resident in Canada; and

  • (d) provides notice to the College that they meet the requirements of paragraphs (a) to (c).

• Marginal note:Period for purposes of subsection (1)

  (2) For the purpose of subsection (1), the applicable period begins on the later of the day on which these Regulations come into force and the day on which the notice referred to in paragraph (1)(d) is received and ends on the earliest of

  • (a) the day on which the individual is issued a patent agent licence or a patent agent in training licence under section 26 of the Act,

  • (b) the day on which the applicable licence referred to in subsection (1) is surrendered,

  • (c) the day on which the applicable licence referred to in subsection (1) is revoked, and

  • (d) the day that is one year after the day on which these Regulations come into force.