College of Patent and Trademark Agents By‑laws

Summary#

These are the new By-laws of the College of Patent Agents and Trademark Agents (published as SOR/2023-73). They set out how the College will run, how people become and keep licences, the fees to be paid, and basic governance rules. Most rules took effect on May 1, 2023, with one change coming into force on January 1, 2024.

What it does#

• Creates a single set of by‑laws for the College of Patent Agents and Trademark Agents that covers licensing, discipline, governance and fees.
• Defines four licence classes:
  • Class 1: full practising licence.
  • Class 2: restricted licence (cannot represent clients before CIPO — the Canadian Intellectual Property Office).
  • Class 3: agent‑in‑training with a required supervisor and training agreement.
  • Class 4: non‑practising licence for those not providing services to the public.
• Sets application and licensing rules, including required documents, criminal‑record checks for trainees, and conditions on training and supervision.
• Sets minimum professional liability insurance: at least $1 million per claim and $2 million aggregate per year (insurance must be with a Canadian‑licensed company). It lists some temporary or specific exemptions.
• Lays out qualifying exam rules: dates, fees, one re‑write allowed (plus a re‑mark option).
  • Exam registration fee: $350.
  • Re‑mark fee (per part): $500.
• Lists licence and other fees (Schedule 1). Key examples:
  • Class 1 issuance/renewal: $1,800 (or $2,700 if both patent and trademark).
  • Class 2 issuance/renewal: $1,500 (or $2,250 if both).
  • Class 3 initial and early renewals: $150; later renewals $200.
  • Class 4 issuance/renewal: $100.
  • Reinstatement fee: $250.
  • Foreign practitioner initial inclusion: $250; annual maintenance: $180.
• Indexes all fees annually on January 1 to inflation (CPI).
• Sets governance rules for the Board of Directors: duties, meeting frequency, election process, in‑camera meetings, and committees (Registration, Governance, Audit and Risk).
• Details director and committee pay (Schedule 2). Examples:
  • Annual Chair remuneration: $20,000.
  • Annual director remuneration: $5,000.
  • Vice‑chair monthly: $1,250.
  • Meeting and travel allowances vary by time (listed in Schedule 2).
• Provides rules for complaints, investigations, suspension, revocation, surrender of licences, and review of Registrar decisions.

Who's affected#

• Individual patent agents and trademark agents licensed or seeking licensing in Canada. This includes:
  • Full practising agents (class 1 and class 2).
  • Trainees (class 3) and their supervisors.
  • Non‑practising agents (class 4).
• Applicants from outside Canada who want inclusion on the Register (foreign practitioners).
• Clients of agents may be affected indirectly because of insurance and competence rules.
• The College of Patent Agents and Trademark Agents itself and its Board and committees (because the by‑laws define their roles, pay and procedures).
• CIPO is referenced as the office before which representation is regulated; licensed agents who interact with CIPO will be affected by practice restrictions and file transfer rules.

Why it matters#

• The by‑laws spell out who can act as an agent and under what conditions. That affects whether a person can represent you on patent or trademark matters.
• Insurance minimums ($1M/$2M) aim to protect clients if something goes wrong. This can change costs for agents and, indirectly, for clients.
• Fees and fee indexation set the basic costs for new licences, renewals, exams and other processes. Those fees fund the College and influence professionals’ expenses.
• Training, examination and supervision rules affect how new agents enter the profession and how quickly they can practise independently.
• Governance rules (elections, Board duties, committee oversight) shape how the profession is regulated and how complaints and discipline are handled.
• The repeal coming into force on January 1, 2024 removes a temporary insurance exemption for class 2 licensees, meaning those restricted licence holders will need to meet the insurance requirement after that date.