Area of Law: Intellectual Property
Answer # 295
Patent lawyers and Patent agentsRegion: Ontario Answer # 295
Applying for a patent involves many complicated legal issues and procedures. A patent lawyer or a patent agent will help you draft your patent application so that 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 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. You can obtain a list of registered patent agents from the Patent Office at the CIPO. 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. 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 October 30, 2019 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 Canadian Intellectual Property Office website for more information.
For legal assistance with your patent application, or other intellectual property matters, contact our preferred lawyers and see who’s right for you:
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