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

Regulations are current to 2024-04-01 and last amended on 2021-06-28. Previous Versions

Transitional Provisions (continued)

Marginal note:Qualifying examination for patent agents

 If, before the day on which these Regulations come into force, an individual sat for a paper of the qualifying examination for patent agents and, on that day, the final mark for that paper was not yet determined,

  • (a) the Examining Board established under section 20 of the Patent Rules, as it read immediately before the day on which these Regulations come into force, must mark that paper; and

  • (b) the individual may meet the requirements of subsection 26(1) of the Act by passing that qualifying examination and paying the fee, if any, established for that purpose by by-laws made by the Board or the College.

Marginal note:Qualifying examination for trademark agents

 If, before the day on which these Regulations come into force, an individual sat for a qualifying examination for trademark agents and, on that day, the final mark for that examination was not yet determined,

  • (a) the examining board established under section 17 of the Trademarks Regulations, as it read immediately before the day on which these Regulations come into force, must mark that examination; and

  • (b) the individual may meet the requirements of subsection 29(1) of the Act by passing that examination and paying the fee, if any, established for that purpose by by-laws made by the Board or the College.

Marginal note:Patent agent licence — requirements for former patent agent

 An individual who is resident in Canada, who has passed the qualifying examination for patent agents and who was a former patent agent whose name was removed under subsection 23(2) of the Patent Rules from the register of patent agents kept under section 15 of the Patent Act, as those provisions read immediately before the day on which these Regulations come in to force, is considered to meet the requirements for a patent agent licence if

  • (a) they apply in writing to the Registrar for reinstatement not later than one year after the day on which their name was removed from that register; and

  • (b) they pay the fee, if any, established for that purpose by by-laws made by the Board or the College.

Marginal note:Trademark agent licence — requirements for former trademark agent

 An individual who is resident in Canada, who has passed the qualifying examination for trademark agents and who was a former trademark agent whose name was removed under subsection 20(2) of the Trademarks Regulations from the list of trademark agents kept under section 28 of the Trademarks Act, as those provisions read immediately before the day on which these Regulations come into force, is considered to meet the requirements for a trademark agent licence if

  • (a) they apply in writing to the Registrar for reinstatement not later than one year after the day on which their name was removed from that list; and

  • (b) they pay the fee, if any, established for that purpose by by-laws made by the Board or the College.

Marginal note:Request deemed to be made — patent agents

 If, on the day before the day on which these Regulations come into force, the name of an individual was on the register of patent agents in accordance with paragraph 22(b) of the Patent Rules, as it read immediately before the day on which these Regulations come into force, the individual is deemed to have made the request referred to in paragraph 19(1)(b) of these Regulations on the day on which these Regulations come into force.

Marginal note:Request deemed to be made — trademark agents

 If, on the day before the day on which these Regulations come into force, the name of an individual was on the list of trademark agents in accordance with paragraph 19(b) of the Trademarks Regulations, as it read immediately before the day on which these Regulations come into force, the individual is deemed to have made the request referred to in paragraph 20(1)(b) of these Regulations on the day on which these Regulations come into force.

Coming into Force

Marginal note:S.C. 2018, c. 27, s. 247

Footnote * These Regulations come into force on the day on which paragraph 76(1)(c) of the College of Patent Agents and Trademark Agents Act come into force, but if they are registered after that day, they come into force on the day on which they are registered.

 

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