College of Patent and Trademark Agents By-laws

Summary#

The document is the By-laws of the College of Patent Agents and Trademark Agents (Board) made under the College of Patent Agents and Trademark Agents Act. It sets rules for how the College’s board and operations will run, and it fixes membership fees and other charges (including special deadlines for 2021, such as August 31, 2021 for certain fees).

What it does#

• Defines licence types: class 1, class 2, and class 3 and what each means for patent and trademark licences.
• Sets the College’s fiscal year as January 1 to December 31.
• Requires public notice for the annual general meeting at least 60 days before the meeting.
• Sets Board rules and duties:
  • Directors serve three‑year terms starting the day after the annual meeting.
  • A quorum is a majority of directors; the Board must meet at least four times per year.
  • Board duties include appointing an auditor, approving budgets, publishing an investment policy, and overseeing the CEO.
  • Board may borrow on the College’s credit and must provide indemnities to directors and some appointees (except for gross or intentional fault).
• Officers and meetings:
  • Officers: Chairperson, Vice‑chairperson and the CEO (the CEO does not vote).
  • Meetings are generally open to the public (except certain closed sessions). Electronic participation is allowed if everyone can communicate simultaneously.
  • Special meetings can be called with at least 24 hours notice by the Chairperson or any three directors.
• Pay and expenses:
  • Per diem for the Chairperson: $750.
  • Per diem for other Board and committee members: $550.
  • Directors and committee members are reimbursed for reasonable expenses; amounts paid must be published in the annual report.
• Nominations and elections:
  • Elections are held electronically.
  • The Governance and Nominating Committee checks if an election is needed each year.
  • Ineligibility rules include items such as past findings of professional misconduct within five years, having served six years as a director, or failing to complete candidate orientation.
  • An Election Commissioner rules on election disputes; their decisions are final (no Board review).
• Registrar, licensing and registrant duties:
  • The Registrar must publish regulatory policies and maintain registers.
  • Class 1 licensees must, on or before March 31 each year, pay fees, file an Annual Licensee Report, and show proof of professional liability insurance (or an exemption).
  • Class 2 annual fees are due on or before March 31; class 3 fees are due on the licence anniversary day.
  • The Registrar can extend deadlines in specific circumstances.
  • Suspension, reinstatement and revocation rules: licence suspensions require at least seven days notice; licences suspended more than five consecutive years may be revoked (with 30 days notice before revocation); reinstatement rules include correcting issues, paying fees and, in some cases, meeting continuing education requirements.
  • Surrendering a licence requires confirming client file handling and payment of applicable fees.
• Investigations and complaints:
  • The Registrar may accept or refuse requests to investigate alleged professional misconduct; refusals must be explained.
• Transitional and coming‑into‑force rules:
  • Professional liability insurance is not required for 2021.
  • A special deadline for 2021: class 1 licensees must pay the 2021 fee by August 31, 2021.
  • Some foreign registrations are revoked on coming into force per the by‑laws.
  • The by‑laws come into force when the specified part of the Act comes into force, or on registration if later.
• Fees (selected items from the schedule):
  • Annual Class 1 licence: $1000.
  • Annual Class 1 licence (both patent and trademark): $1500.
  • Annual Class 1 licence — 2021 reduced: $700.
  • Annual Class 1 licence (both) — 2021 reduced: $1050.
  • Annual Class 2 licence: $100.
  • Application — Class 3 licence: $250.
  • Annual Class 3 licence: $150.
  • Annual fee to extend Class 3 registration beyond 24 months: $200.
  • Patent or trademark qualifying examination (per paper): $200.
  • Failed examination remark: $200.
  • Application for initial registration as a Class 1 licensee: $250.
  • Application to change between classes: $150.
  • Application to surrender licence: $250.
  • Reinstatement fee from suspended licence: $150.
  • Registrar certificate: $75.

Who's affected#

• Licensed and prospective patent agents and trademark agents in Canada, including agents‑in‑training (class 3).
• Members of the College of Patent Agents and Trademark Agents (Board) and committees.
• Firms that employ patent or trademark agents, because of fees, insurance and record‑keeping requirements.
• Clients of those agents who may be affected when licences are suspended, surrendered or revoked.
• The public to the extent Board meetings and some materials are made public.

Why it matters#

• It sets the practical rules that govern how the College will run. That affects how licence renewals, fees and professional oversight work for patent and trademark practitioners.
• The by‑laws fix concrete costs for professionals (for example $1000 for a typical annual licence), and they set deadlines such as March 31 or August 31, 2021, which matter for avoiding suspension.
• The rules require public notice and public access to many Board meetings, which increases transparency about how the profession is regulated.
• Rules on surrendering licences and on suspension/revocation affect what happens to client files and ongoing matters when an agent leaves practice or loses their licence.