Canadian Patent Agent Regulation Reform Pt. 1 – (In)Validity Issues Surrounding the Canadian Patent Agent Exam

Abstract

Only registered Canadian patent agents may represent others before the Canadian Patent Office. To qualify as a registered Canadian patent agent, candidates must complete an apprenticeship followed by successfully passing the Canadian patent agent examination. This article analyzes the validity of the current Canadian patent agent exam. The analysis includes a comprehensive review of the development of the current exam, as well as a review of candidate solution papers from the most recent exams.

Furthermore, the analysis includes a comprehensive review of patent office licensing exams from comparable jurisdictions. The analysis concludes that the current Canadian patent agent exam is an invalid indicator of entry-level competence. Subsequent work will show that the validity issues surrounding the Canadian patent agent exam are symptomatic of a greater crisis of legitimacy plaguing the Canadian patent agent profession, highlighting the need for greater reform of the Canadian patent agent regulatory framework.