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

Marginal note:Register of Trademark Agents — additional information

• 20 (1) For the purposes of paragraph 31(1)(f) of the Act, the Registrar must include in the Register of Trademark Agents the name and contact information of an individual who

  • (a) is a resident of a country other than Canada and is authorized to act as a trademark agent under the law of that country; and

  • (b) has made a request in writing to the Registrar to be included in the Register.

• Marginal note:Register of Trademark Agents — annual requirement

  (2) In order to maintain their name in the Register, an individual referred to in subsection (1) must continue to meet the requirements of paragraph (1)(a) and must in each year, within the period established by by-laws made by the Board, provide to the Registrar a statement signed by the individual setting out their country of residence and declaring that they are authorized to act as a trademark agent under the law of that country.

Transitional Provisions

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.

Marginal note:Deemed holder of trademark agent in training licence

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

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

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

    • (i) by an individual who holds a trademark agent licence or who, before the day on which these Regulations come into force, is a trademark 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 trademark agent licence or a trademark agent in training licence under section 29 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.

Marginal note:Qualifying examination for patent agents

23 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

24 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

25 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

26 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

27 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

28 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 ^*29 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.

• Return to footnote ^*[Note: Regulations in force June 28, 2021, see SI/2021-30.]