Canada
To become a registered patent agent in Canada one must complete a series of four qualifying exams over four days. A patent agent trainee can sit the exams if the trainee is a resident in Canada and has worked in Canada in the area of Canadian patent law and practice, including the preparation and prosecution of applications, for a period of at least 12 months.
Each of the four exams (also referred to individually as Paper A, B, C, and D) is four hours in length. Paper A relates to the drafting of a patent application. Paper B relates to the validity of a patent. Paper C relates to the preparation of a response to an Official Action. Paper D relates to the infringement of a patent. Unlike the US system, the Canadian examination format is paper based with a variety of essay-type and short answer questions and is offered once yearly in April. Results are mailed in the summer of the same year.
With a first-time passing rate near 1% and an overall passing rate of 10% in 2011 and trending downwards, the exam is notoriously challenging and most applicants attempt the exam over several years. To pass, candidates must score a minimum of 50 out of 100 on each paper, with a minimum aggregate mark of 240 on all four papers. Recent amendments to the pass requirements enable candidates to carry forward marks for a paper (if greater than 60 out of 100) if the minimum aggregate mark is not achieved or if the candidate failed one of the papers.
Review courses are held each summer and fall by IPIC (Intellectual Property Institute of Canada). The summer course tends to be more general in scope than the fall course, where drafting practice examinations is emphasised.
Once certified, a registered patent agent is given powers under the Canadian Patent Act to represent applicants applying to the Canadian Intellectual Property Office to obtain patent protection. Canadian registered patent agents with a suitable education background may apply for U.S. patent agent status in order to act on behalf of Canadian resident applicants before the United States Patent and Trademark Office (USPTO).
Read more about this topic: Patent Attorney, Qualification Regimes
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