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

99 J. Pat. & Trademark Off. Soc'y 151 (2017)

41 Pages Posted: 1 Dec 2016 Last revised: 5 Sep 2017

See all articles by Wissam Aoun

Wissam Aoun

University of Windsor - Faculty of Law

Date Written: November 25, 2016

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.

Suggested Citation

Aoun, Wissam, Canadian Patent Agent Regulation Reform Pt. 1 – (In)Validity Issues Surrounding the Canadian Patent Agent Exam (November 25, 2016). 99 J. Pat. & Trademark Off. Soc'y 151 (2017). Available at SSRN: https://ssrn.com/abstract=2875738 or http://dx.doi.org/10.2139/ssrn.2875738

Wissam Aoun (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B3P4
Canada

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