The new College of Patent Agents and Trademark Agents is coming into force on June 28, 2021. The College will regulate patent and trademark agents, including the exams, maintenance of the register of agents and disciplinary matters.

Coming into force involves:

  • various sections of the Budget Implementation Act, 2018, No. 2 relating to the College of Patent Agents and Trademark Agents.
  • amendments to sections of the Patent Act, such as removing sections 15 (Register of patent agents) and 16 (Misconduct), and adding a definition of “patent agent” that refers to the College
  • amendments to sections of the Trademarks Act, including removing section 28 (List of trademark agents).
  • introduces the College of Patent Agents and Trademark Agent Regulations
  • amends the Trademark Regulations
  • amends the Patent Rules

Update: Here is a copy of the implementing regulations. There are some differences from the earlier published proposed regulations, including around “good character and fitness to practice”, handling of privileged materials in investigations, as well as allowing non-residents to register – see new sections19 and 20.

See earlier post on the proposed regulations which had introduced some controversy around the reciprocity with the USPTO.

The Order in Council reads:

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Industry,

(a) pursuant to paragraph 264‍(a) of the Budget Implementation Act, 2018, No. 2 (the “Act”), chapter 27 of the Statutes of Canada, 2018, fixes June 28, 2021 as the day on which the definition “Board” in section 2, sections 11 to 20, 25 to 32, 34 to 62 and 64 to 74 and paragraphs 76‍(1)‍(c) to (f), (h) and (i) of the College of Patent Agents and Trade-mark Agents Act, as enacted by section 247 of the Act, come into force; and

(b) pursuant to paragraph 264‍(b) of the Act, fixes June 28, 2021 as the day on which section 249, subsection 250‍(1), sections 251, 252 and 255 to 257 and subsection 258‍(1) of the Act come into force.