A New Frontier - the College of Patent Agents and Trademark Agents

On June 28, 2021, the College of Patent Agents and Trademark Agents came into force. This newly established college is part of Canada's new Intellectual Property Strategy. Prior to this, the Canadian Intellectual Property Office (CIPO) controlled all aspects Canadian patent and trademark agents.

This new step offers more autonomy and allows for more independence in a governing body to administer aspects of patent and trademark agency.

As of the coming-into-force day, the College will be responsible for:

• maintaining the registers of patent agents and trademark agents

• administering patent and trademark agent qualifying examinations

• collecting associated College fees

• maintaining an agent code of conduct

Enacted under the College of Patent Agents and Trademark Agents Act, section 18 allows the College to make bylaws regarding aspects of the licensing scheme. This Act allows for more transparency and procedural avenues for applicants and licence holders as the Act sets out boundaries for their jurisdiction.

While there seems to be no material issues for current patent and trademark agents, those seeking agency may have questions as to how examinations may change. The Act and according regulations are silent as to just how examinations will be carried out from now on. As a result, the road to patent and trademark agency may look different in the future, and those seeking that career path may want to keep up to date on the College's website for any information published with respect to examinations.