By-laws of the College of Patent Agents and Trademark Agents (SOR/2023-73)

Marginal note:Conditions on licence

49 The following conditions apply to a class 3 licence:

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

• (b) the licensee must not, without the supervision of a class 1 licensee and without a training agreement in effect, represent any person in the presentation or prosecution of an application for a patent or for the registration of a trademark or in any other business before CIPO.

Class 4 Licence

Marginal note:Application

• 50 (1) A class 1 licensee or class 2 licensee who wishes to obtain a class 4 licence must submit an application to the Registrar that contains the following information:

  • (a) their name, address, telephone number and email address;

  • (b) their complete professional employment history;

  • (c) a declaration that they are not practising as a patent agent or trademark agent; and

  • (d) confirmation of the following:

    • (i) that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred,

    • (ii) that they have assigned to one or more licensees described in subparagraph (i) any matters in progress at CIPO and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, and

    • (iii) the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).

• Marginal note:Application fee

  (2) The application must be accompanied by the fee set out in item 4 of Schedule 1, payable to the College.

• Marginal note:Verification of information

  (3) The Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii).

• Marginal note:Licence fee

  (4) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 16 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.

Change of Class of Licence

Marginal note:Application

• 51 (1) Subject to sections 46 and 50, a class 1 licensee, class 2 licensee or class 4 licensee who wishes to change the class of their licence must submit an application to the Registrar that contains the following information:

  • (a) their name, address, telephone number and email address;

  • (b) the class of licence for which they are applying;

  • (c) their complete professional employment history;

  • (d) in the case of a change to a class 1 licence or class 2 licence, proof that, as of the effective date of the new licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof of exemption from that requirement and the reason for the exemption; and

  • (e) proof that they have complied with any continuing professional development requirements of the new class of licence.

• Marginal note:Return to practice after three years

  (2) A class 4 licensee who has held a class 4 licence for three years or more and who wishes to obtain either a class 1 licence or class 2 licence must submit an application to the Registrar that contains, in addition to the information required under subsection (1), the following information:

  • (a) any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise;

  • (b) a declaration that the applicant will practise with integrity, uphold the independence of their profession and comply with the Code;

  • (c) proof that the applicant has completed any remedial training or examinations specified by the Registrar; and

  • (d) any other information that the Registrar requires to determine whether the applicant meets the requirements of the new class of licence.

• Marginal note:Application fee

  (3) The application must be accompanied by the applicable fee set out in items 5 to 7 of Schedule 1, payable to the College.

Qualifying Examinations

Marginal note:Process

52 The Registrar must publish on the College’s website information about the qualifying examinations that includes

• (a) the dates of the examinations;

• (b) the registration process;

• (c) the examination fee set out in item 8 of Schedule 1;

• (d) the process for administering examinations;

• (e) the method of communication of the examination results; and

• (f) a statement that it is possible to request a re-marking of the examination.

Marginal note:Examination advisory group

53 The Registrar may appoint an advisory group composed of any combination of class 1 licensees, class 2 licensees and representatives of CIPO to assist the Registrar in preparing, administering and marking the qualifying examinations.

Marginal note:Training program

54 A class 3 licensee may write the qualifying examinations after they have completed a training program approved by the Registrar.

Marginal note:Qualifying examinations

• 55 (1) Subject to subsection (2), a class 3 licensee must write the qualifying examinations at the first sitting of the examinations that follows the completion of their training program.

• Marginal note:Request for delayed examinations

  (2) If a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting.

• Marginal note:Examination fees

  (3) The licensee must pay to the College the examination fee set out in item 8 of Schedule 1 to write the qualifying examinations or any part of the examinations.

Marginal note:Re-marking examinations

• 56 (1) A licensee who receives less than a passing mark on the qualifying examinations may, on payment to the College of the fee set out in item 9 of Schedule 1, request that their examinations or any part of their examinations be re-marked.

• Marginal note:Non-application

  (2) Subsection (1) does not apply if the re-marking will not materially affect the outcome and result in a passing mark.

• Marginal note:Reimbursement of fee

  (3) If the re-marking of a licensee’s examinations results in their receiving a passing mark, the fee for re-marking paid under subsection (1) must be reimbursed to the licensee.

• Marginal note:No review

  (4) Re-marking results are not reviewable by the Registration Committee under section 66.

Marginal note:Failure in examinations

• 57 (1) A licensee who does not initially receive a passing mark on the qualifying examinations may write them only one additional time, and must do so at the first sitting of the examinations that takes place after they receive their examination results or the results of any re-marking under subsection 56(1).

• Marginal note:Request for delayed examinations

  (2) If a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting.

Marginal note:Undertaking

58 A licensee referred to in subsection 57(1) must give an undertaking in writing to the Registrar that they agree not to practise until they have entered into a new training agreement with the same or another supervisor.

Marginal note:Remedial training

• 59 (1) If a class 3 licensee does not receive a passing mark on the qualifying examinations within two years after the day on which they complete the training program, they must provide the Registrar with a remedial training and education plan prepared in conjunction with their supervisor or, if they have no supervisor, in accordance with any conditions that the Registrar may impose on their licence.

• Marginal note:Re-examination

  (2) On completion of the remedial training and education plan, the licensee may, despite subsection 57(1), request to rewrite the qualifying examinations or any part of the examinations, on payment to the College of the fee set out in item 8 of Schedule 1.

Marginal note:Waiver or modification of requirements

60 If an applicant for a licence or a licensee is unable to meet any requirement for licensing or training for reasons beyond their control, the Registrar may waive or modify that requirement on request by the applicant or licensee.

Marginal note:Registrar may impose conditions

61 The Registrar may impose either or both of the following conditions on a licence at the time of its issuance or reinstatement if it is in the public interest to do so:

• (a) that the licensee complete any remedial training and examinations specified by the Registrar; and

• (b) that the licensee work under the supervision of or in conjunction with a class 1 licensee approved by the Registrar, for a specified period.

Marginal note:Effective date

62 The Registrar must set the effective date of a licence when it is issued or reinstated.

Marginal note:Accommodation for applicants or licensees

63 The Registrar must reasonably accommodate an applicant for a licence or a licensee if they provide the Registrar with satisfactory information that demonstrates the need for an accommodation in order to provide a fair opportunity for the applicant or licensee to successfully complete any of the applicable training, qualifying examinations or other licensing requirements.

Supervisors

Marginal note:Eligibility

• 64 (1) The following individuals are eligible to act as the supervisor of a class 3 licensee:

  • (a) a class 1 licensee;

  • (b) subject to subsection (3), a class 2 licensee;

  • (c) a representative of CIPO.

• Marginal note:Authorization

  (2) The Registrar must authorize an eligible individual set out in subsection (1) to act as the supervisor of a class 3 licensee if they apply to the Registrar and

  • (a) have completed the supervisor training program;

  • (b) demonstrate in their application how they will provide training that focuses on ethical and competent practices;

  • (c) are not the subject of an investigation under section 37 of the Act;

  • (d) are not the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act; and

  • (e) do not have a suspended licence.

• Marginal note:Additional requirement — class 2 licensees

  (3) In addition to meeting the requirements of subsection (2), a class 2 licensee must provide the Registrar with a training plan that demonstrates how the class 3 licensee under their supervision will receive training in the areas in which the class 2 licensee’s practice is restricted under section 47.

• Marginal note:Remedial supervisor training

  (4) A supervisor must retake any part or all of the supervisor training program, as specified by the Registrar, if there are reasonable grounds to believe that the supervisor requires remedial training in some or all aspects of being a supervisor.

Marginal note:Revocation of authorization

65 The Registrar must revoke a supervisor’s authorization if

• (a) the supervisor no longer meets any of the criteria set out in paragraphs 64(2)(b) to (e);

• (b) the supervisor does not comply with subsection 64(4) when required; or

• (c) the supervisor’s licence is suspended or revoked.

Review of Registrar’s Decisions with Respect to Licensing

Marginal note:Registrar’s decisions reviewable

66 An applicant for a licence or a licensee may request that the Registration Committee review any licensing decision of the Registrar with respect to their application or licence, as applicable.

Marginal note:Registration Committee

• 67 (1) On receipt of a request made under section 66, the Registration Committee must consider the request and

  • (a) affirm or vary the Registrar’s decision or dismiss the request; or

  • (b) hold a hearing on the merits of the request and, at the conclusion of the hearing, affirm or vary the Registrar’s decision or dismiss the request.

• Marginal note:Additional information

  (2) The Registration Committee may request that the Registrar obtain additional information from the applicant or licensee and provide it to the Committee, at any time during the Committee’s consideration of the request, including during any hearing of the request.

• Marginal note:Written reasons

  (3) The Registration Committee must provide reasons to the applicant or licensee in writing for each action it takes under subsection (1).

• Marginal note:When Registrar’s decision varied

  (4) If the Registration Committee varies the Registrar’s decision, the Registrar must give effect to the varied decision without delay and notify the applicant or licensee and, if applicable, their supervisor.

• Marginal note:Decision final

  (5) The Registration Committee’s decision is final and not reviewable by the Board.

PART 4

Obligations of Licensees

Obligations

Marginal note:Requirements

68 A licensee must meet the following requirements in order to maintain the validity of their licence:

• (a) have the necessary skills and competencies to practise the profession; and

• (b) be of good character and remain fit to practise.

Marginal note:Professional liability insurance

• 69 (1) The professional liability insurance required by subsection 34(1) of the Act must meet the following requirements:

  • (a) be issued by a company licensed in Canada;

  • (b) cover claims made in and outside Canada;

  • (c) indemnify the licensee for any civil liability that arises from their acting as either a patent agent or a trademark agent; and

  • (d) have coverage limits of no less than $1 million per claim and $2 million aggregate per year.

• Marginal note:Exemptions

  (2) The following licensees are exempt from the requirement in subsection 34(1) of the Act to be insured against professional liability:

  • (a) a class 3 licensee who has neither a supervisor nor a training agreement in effect and who has given an undertaking under section 58;

  • (b) a class 4 licensee;

  • (c) any licensee who is employed by an employer that carries on business in Canada and who provides patent agent or trademark agent services solely to their employer and not to the public.

  • (d) [Repealed, SOR/2023-73, s. 90]