National Code for Patent and Trademark Agents

Summary#

The federal government established the Code of Professional Conduct for Patent Agents and Trademark Agents Regulations: SOR/2021-165. It sets a national code of conduct for people who act as patent and trademark agents and was registered on June 24, 2021 and published in the Canada Gazette on July 7, 2021.

What it does#

• Creates the Code of Professional Conduct for Licensees that details expected behaviour and standards for patent and trademark agents.
• Sets rules and commentary on key topics, including:
  • competence and continuing education;
  • confidentiality and how client information must be protected;
  • conflicts of interest, joint representation, and rules for agents moving between firms;
  • quality of service, communications, fees, and withdrawal from a file;
  • advertising rules and preventing unauthorized practice.
• Says the Code does not apply where it would conflict with other federal or provincial laws or a provincial law society or the Chambre des notaires du Québec.
• Links the Code to the regulatory powers in the College of Patent Agents and Trademark Agents Act and notes that disciplinary steps under that Act can follow if the standards are not met.

Who's affected#

• Licensed patent and trademark agents regulated by the College of Patent Agents and Trademark Agents.
• Firms that employ or partner with those agents, including sole practitioners, partnerships and corporations.
• Clients of agents (individuals, businesses, universities, inventors) who rely on agents for patent and trademark work.
• Staff and trainees who work under agents, and other agents involved in transfers or mergers.
• The Canadian Intellectual Property Office (CIPO) and other parties who deal with agents may see changes in how communications and filings are handled.

Why it matters#

• It creates one clear, national set of professional rules for people who represent clients before CIPO. That makes expectations more consistent across Canada.
• Clients get stronger protections on confidentiality, clearer rules about conflicts of interest, and more transparent fee and service practices.
• Agents must follow standards for competence, supervision of staff, and handling transfers between firms — which affects hiring, firm mergers and client handovers.
• The Code supports a formal complaints and discipline process through the College, so breaches can lead to professional consequences.