Applying for a patent involves many complicated legal and technical issues. A patent lawyer or a registered patent agent can help draft your patent application so it fully protects your invention. Unless you have experience with the patent process, you should hire a registered patent agent to assist you. Many registered patent agents are also lawyers and can represent you in legal matters associated with your patent.

What a patent lawyer or registered patent agent can do

Patent lawyers and registered patent agents are experts who can act on your behalf and help you complete your patent application. However, only registered patent agents are permitted to represent an inventor at the Canadian Intellectual Property Office (CIPO). To be registered with the Patent Office, a patent agent must pass rigorous exams. The CIPO no longer provides a list of registered patent agents, but you can find a registered Patent Agent, verify the current license status of a Patent Agent, Trademark Agent, Agent in Training, and find the registration status of a Foreign Practitioner here. You should beware of unregistered patent agents who are not authorized to handle patent applications and are not subject to discipline from the Patent Office.

It is important to find a patent lawyer or registered patent agent that you feel comfortable with. It is also advisable to make sure that you discuss their fee before your lawyer or agent begins work on your application. The fees of patent agents are not regulated by the Patent Office.  Click here for more information on patent fees. Once you have appointed a patent agent to handle your application, the Patent Office will communicate with your agent.

Amendments to the Patent Act

On July 1, 2022, and October 3, 2022 new Rules and Amendments to the Patent Act came into force, which may include changes to the use of patent agents in certain circumstances. To view these changes, view the Patent Act, the Patent Rules, or visit the CIPO website for more information.

For help

Click here to find a patent agent from the Canadian College of Patent Agents and Trademark Agents. For the most up-to-date information about the patent process, refer to the Canadian Intellectual Property Office.

								
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