Marginal note:Definitions

1 The following definitions apply in these By-laws.

Act

Act means the College of Patent Agents and Trademark Agents Act. (Loi)

class 1

class 1 with respect to a licence, describes either a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is not covered by class 2. (catégorie 1)

class 2

class 2 with respect to a licence, describes either a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is subject to the restrictions under section 27. (catégorie 2)

class 3

class 3 with respect to a licence, describes either a patent agent in training licence issued under subsection 26(2) of the Act or a trademark agent in training licence issued under subsection 29(2) of the Act. (catégorie 3)

Committee

Committee means the Committee of the College referred to in section 3 of the College of Patent Agent and Trademark Agents Regulations. (comité)

fees

fees means the fees set out in the schedule to the By-laws of the College of Patent Agents and Trademark Agents (Board). (droits)

supervisor

supervisor means a Class 1 licensee who is authorized under section 18 to be a supervisor of a Class 3 licensee. (superviseur)

Marginal note:Competence standards

2 The Committee must approve standards for the evaluation of the competencies that are to be assessed by the qualifying examinations and the passing marks for those examinations to ensure that all licensees have the necessary skills and competencies to represent persons under section 27 or 30 of the Act.

Marginal note:Good character

• The following provision is not in force.

  3 (1) If the Registrar must determine whether an applicant is of good character, the Registrar must do so by assessing the applicant’s integrity and competence in accordance with the highest standards of the profession in order to preserve the trust, respect and confidence of members of the profession and the public.

• The following provision is not in force.

  Marginal note:Fitness to practise

  (2) If the Registrar must determine whether a person is fit to practise the Registrar must do so by assessing the person’s ability to be a licensee with sufficient knowledge, skill and judgment that is not substantially impaired by a physical, mental or emotional condition, disorder or addiction.

• The following provision is not in force.

  Marginal note:Registrar may waive or modify requirements

  (3) If it is in the public interest to do so, the Registrar may waive or modify one or more of the training and licence issuance requirements.

Marginal note:Accommodation

4 The Registrar must reasonably accommodate a Class 3 licensee if the Class 3 licensee provides medical or other information, satisfactory to the Registrar, that demonstrates the need for an accommodation to provide a fair opportunity for the Class 3 licensee to successfully complete the College’s training and meet the requirements for obtaining a Class 1 licence.

Marginal note:Review

5 A decision of the Registrar under these By-laws must be reviewed by the Committee on the request of the affected applicant or licensee.

Marginal note:Decision of Committee

6 After reviewing the Registrar’s decision, the Committee may

• The following provision is not in force.

  (a) request that the Registrar obtain additional information;

• The following provision is not in force.

  (b) approve the application under review, with or without conditions, and specify the effective date of the decision; or

• The following provision is not in force.

  (c) conduct a hearing and make a decision with reasons.

Marginal note:Decision final

7 A decision of the Committee under section 5 cannot be reviewed by the Board.

Marginal note:Decision modified by Committee

8 If a decision of the Registrar is modified by the Committee, the Registrar must notify the applicant and, if applicable, the supervisor of the decision and give effect to the decision.

Marginal note:Requirements

9 An applicant for a Class 3 patent agent licence must provide an application to the Registrar that provides proof of the applicant’s Canadian residency and must

• The following provision is not in force.

  (a) be of good character and provide, in support, three letters of reference, a criminal background check, records of any disciplinary sanction by an academic institution or professional or non-professional body, records of any bankruptcy or insolvency, and any other information necessary for the Registrar to assess good character;

• The following provision is not in force.

  (b) be fit to practise;

• The following provision is not in force.

  (c) be proficient in English or French;

• The following provision is not in force.

  (d) pay the applicable fees;

• The following provision is not in force.

  (e) provide a specimen signature, a current photograph and any other information required to confirm identity;

• The following provision is not in force.

  (f) have a training agreement executed by the applicant and the supervisor or a representative of the Patent Office.

Marginal note:Effective date of licence

10 If the Registrar issues a Class 3 patent agent licence under subsection 26(2) of the Act, the Registrar must set the effective date of the licence.

Marginal note:Conditions

11 A class 3 patent agent licensee is subject to the following conditions:

• The following provision is not in force.

  (a) the licensee must comply with the terms of the training agreement; and

• The following provision is not in force.

  (b) the licensee must not represent any person in the presentation or prosecution of an application for the registration of a patent or in other business before the Patent Office without the supervision of a class 1 patent agent licensee whose licence is not suspended.

Marginal note:Requirements

12 An applicant for a Class 3 trademark agent licence must provide an application to the Registrar that provides proof of the applicant’s Canadian residency and must

• The following provision is not in force.

  (a) be of good character and provide, in support, three letters of reference, a criminal background check, records of any disciplinary sanctions by an academic institution or professional or non-professional bodies, records of any bankruptcy or insolvency, and any other information necessary for the Registrar to assess good character;

• The following provision is not in force.

  (b) be fit to practise;

• The following provision is not in force.

  (c) be proficient in English or French.

• The following provision is not in force.

  (d) pay the applicable fees;

• The following provision is not in force.

  (e) provide a specimen signature, a current photograph and any other information required to confirm identity;

• The following provision is not in force.

  (f) have a training agreement executed by the applicant and the supervisor or a representative of the Office of the Registrar of Trademarks.

Marginal note:Effective date of licence

13 If the Registrar issues a Class 3 trademark agent licence under subsection 29(2) of the Act, the Registrar must set the effective date of the licence.

Marginal note:Conditions

14 A class 3 trademark agent licence is subject to the following conditions:

• The following provision is not in force.

  (a) the licensee must comply with the terms of the training agreement; and

• The following provision is not in force.

  (b) the licensee must not represent any person in the presentation or prosecution of an application for the registration of a trademark or in other business before the Office of the Registrar of Trademarks without the supervision of a class 1 trademark agent licensee whose licence is not suspended.

Marginal note:Training period

15 Prior to writing the qualifying examinations, a trainee must

• The following provision is not in force.

  (a) work under a training agreement for a period of 24 months; and

• The following provision is not in force.

  (b) complete the agent training course.

Marginal note:Application

• The following provision is not in force.

  16 (1) A class 1 licensee may apply to the Registrar to be authorized to act as a supervisor.

• The following provision is not in force.

  Marginal note:Representative

  (2) A representative of the Patent Office or the Office of the Registrar of Trademarks may apply to the Registrar to act as a supervisor if they provide a training agreement that demonstrates a commitment to providing a learning of ethical and competent practices.

Marginal note:Supervisor requirements

17 An applicant to be a supervisor under subsection 16(1) must

• The following provision is not in force.

  (a) provide a training agreement that demonstrates a commitment to the learning of ethical and competent practices;

• The following provision is not in force.

  (b) not be the subject of a matter before the Investigations Committee or Discipline Committee; and

• The following provision is not in force.

  (c) not have a suspended licence.

Marginal note:Authorization — supervisor

18 The Registrar must authorize an applicant to be a supervisor who meets the requirements under subsection 16(2) or section 17 to act as a supervisor.

Marginal note:Revocation of authorization

19 The Registrar may revoke a supervisor’s authority to act as a supervisor if

• The following provision is not in force.

  (a) the supervisor is the subject of a matter before the Investigations Committee or Discipline Committee;

• The following provision is not in force.

  (b) their licence is suspended;

• The following provision is not in force.

  (c) they are no longer a licensee; or

• The following provision is not in force.

  (d) they do not comply with the terms of the training agreement.

Marginal note:Process

20 The Registrar must publish a policy on the College’s website with respect to the qualifying examinations, which includes

• The following provision is not in force.

  (a) the dates of the examinations;

• The following provision is not in force.

  (b) the registration process;

• The following provision is not in force.

  (c) the applicable fees;

• The following provision is not in force.

  (d) the process for administering the examinations;

• The following provision is not in force.

  (e) the method of communication of the results of the examinations; and

• The following provision is not in force.

  (f) the opportunity to request a re-correction of the examination.

Marginal note:Examinations

21 A class 3 licensee must write either the qualifying examination for patent agents or the qualifying examination for trademark agents, as applicable, at the first sitting of the examination that follows the completion of their training period.

Marginal note:Advisory group

22 The Registrar may appoint an advisory group made up of class 1 patent agent licensees, class 1 trademark agent licensees and representatives of the Patent Office and the Office of the Registrar of Trademarks to assist the Registrar in preparing, administering and marking the qualifying examinations.

Marginal note:Content and requirements

23 An applicant for a class 1 patent agent licence or class 1 trademark agent licence must provide an application to the Registrar that provides proof of the applicant’s Canadian residency and must

• The following provision is not in force.

  (a) obtain a passing mark on the applicable qualifying examinations;

• The following provision is not in force.

  (b) complete the applicable agent training course;

• The following provision is not in force.

  (c) comply with the terms of the training agreement;

• The following provision is not in force.

  (d) remain of good character and provide, in support, letters of reference from the applicant’s supervisor and others with whom they worked, as a class 3 licensee or any other evidence that demonstrates that the applicant complied with the terms of the training agreement;

• The following provision is not in force.

  (e) remain fit to practise;

• The following provision is not in force.

  (f) affirm a declaration on registration, declaring that the licensee will practise with integrity, uphold the independence of the patent and trademark professions and comply with the Code of Professional Conduct; and

• The following provision is not in force.

  (g) pay the applicable fees.

Marginal note:Effective date of licence

24 If the Registrar issues a class 1 licence, the Registrar must set the effective date of the licence.

Marginal note:Change of Licence Class

25 A class 1 licensee may apply to the Registrar to change the class of their licence to a class 2 licence if they meet the following requirements:

• The following provision is not in force.

  (a) they provide their current and, if known, future contact information;

• The following provision is not in force.

  (b) they provide their professional employment history;

• The following provision is not in force.

  (c) they provide confirmation in writing

  • (i) that all client matters have been completed or that arrangements have been made to the satisfaction of their clients to have their files returned to them or transferred to another class 1 licensee,

  • (ii) that any matters in progress at the Patent Office or the Office of the Registrar of Trademarks have been assigned to another class 1 licensee and the appropriate office has been advised in writing of the successor licensee,

  • (iii) of the location of the files from the licensee’s practice; and

• The following provision is not in force.

  (d) they pay the applicable fee.

Marginal note:Change of licence by Registrar

26 If an applicant for a change of class of licence meets the requirements of section 25, the Registrar must change the licence to a class 2 licence and set the effective date for the change.

Marginal note:Class 2 licence

27 A class 2 licensee is subject to the following restrictions as of the effective date of the change of licence:

• The following provision is not in force.

  (a) in the case of a class 2 patent agent licence, the licensee is not entitled to represent persons in the presentation and prosecution of applications for the registration of patents or in other business before the Patent Office; and

• The following provision is not in force.

  (b) in the case of a class 2 trademark agent licence, the licensee is not entitled to represent persons in the presentation and prosecution of applications for the registration of trademarks or in other business before the Office of the Registrar of Trademarks.

Marginal note:Reinstatement of class

• The following provision is not in force.

  28 (1) A class 2 licensee may apply to the Registrar to be reinstated as a class 1 licensee if they meet the applicable requirements under paragraphs 23(d) to (g).

• The following provision is not in force.

  Marginal note:Review of request

  (2) Upon receipt of an application, the Registrar may

  • The following provision is not in force.

    (a) require the applicant to provide additional information that is useful for the consideration of the request; or

  • The following provision is not in force.

    (b) require the applicant to demonstrate that they have complied with any continuing professional development requirements.

• The following provision is not in force.

  Marginal note:Registrar’s decision

  (3) The Registrar must either

  • The following provision is not in force.

    (a) reinstate the applicant as a class 1 licensee if they meet the requirements or if the Registrar determines it is in the public interest, reinstate the licensee with restrictions; or

  • The following provision is not in force.

    (b) refuse to reinstate the applicant’s licence if they do not satisfy the requirements or it is in the public interest to do so.

Marginal note:Deemed to be under supervision — patent agent

• The following provision is not in force.

  29 (1) For the purposes of paragraph 11(b), for a period of one year from the coming into force of these By-laws, a class 3 patent agent licensee is deemed to be supervised by a class 1 patent agent licensee if they are being supervised by an individual who is responsible for a legal clinic associated with a Canadian faculty of law.

• The following provision is not in force.

  Marginal note:Deemed to be under supervision — trademark agent

  (2) For the purposes of paragraph 14(b), for a period of one year from the coming into force of these By-laws, a class 3 trademark agent licensee is deemed to be supervised by a class 1 trademark agent licensee if they are being supervised by an individual who is responsible for a legal clinic associated with a Canadian faculty of law.