New College Regulates Patent and Trademark Agents

Summary#

This order sets June 28, 2021 as the day when key parts of the College of Patent Agents and Trademark Agents Act and some provisions of the Budget Implementation Act, 2018, No. 2 come into force. Practically, it shifts responsibility for regulating patent and trademark agents from the Canadian Intellectual Property Office (CIPO) to the new College of Patent Agents and Trademark Agents.

What it does#

• Fixes June 28, 2021 as the date certain remaining parts of the College of Patent Agents and Trademark Agents Act become active.
• Brings into force related provisions of the Budget Implementation Act, 2018, No. 2 that enable the transfer.
• Transfers regulatory powers over patent and trademark agents from CIPO to the College, including authority to:
  • investigate and discipline agents for misconduct or incompetence;
  • set rules on insurance, continuing professional development, pro bono work and trainee training;
  • oversee entry/exam rules and collect annual fees from agents.
• Brings into effect coordinating changes to the Patent Act and the Trademarks Act needed for the transfer.

Who's affected#

• Patent agents and trademark agents working in Canada.
• Agent trainees and people or firms that hire agents (inventors, businesses, law firms).
• The Canadian Intellectual Property Office (CIPO), which will no longer hold many regulatory duties for agents.
• The newly created College of Patent Agents and Trademark Agents, which will take on oversight and discipline.
• If unclear: members of the public who rely on agents for patent and trademark filings may notice changes in how complaints or professional standards are handled.

Why it matters#

• It creates an independent regulator with clearer powers to discipline and oversee agents. That fills gaps in the old system where the Commissioner of Patents had limited authority and the Trademarks Act lacked tools to handle misconduct.
• For clients, this should improve professional accountability and consumer protection when working with agents.
• For agents, it may mean new requirements (insurance, continuing education, fees) and a different process for licensing and discipline.
• Background context: the Act received royal assent on December 13, 2018, and the first start-up step — appointing a transitional board — happened on August 9, 2019. The order was published in the Canada Gazette on June 23, 2021.