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Author Topic: Am I eligible to sit for the qualifying examination for patent agents in Canada?  (Read 509 times)

cowboytown

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Well, I know most people in this forum are interested in working in the states only, and I shouldn't post my silly questions here. However, I could not find a forum to discuss these issues in Canada, so I just wish I am lucky to meet somebody has a canadian background or is knowledgeable at this issue here.

I read the requirement to attend the exam for patent agent in Canada:
http://laws.justice.gc.ca/eng/SOR-96-423/page-2.html#anchorbo-ga:l_I

12. (1) Subject to subsection 14(2), for the purpose of having their name entered on the register of patent agents, a person is eligible to sit for the qualifying examination for patent agents referred to in section 14 if, on March 31 of the year in which the person proposes to sit for the examination,
(a) the person resides in Canada and has been employed for a period of at least 12 months on the examining staff of the Patent Office; or
(b) the person resides 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.

I am currently working as a software engineer for an engineering
company, and I have worked for a period of 12 months as the principle
inventor of several patents. My daily work for the past 12 months is to
prepare the patent application documents and refine the implementation
of these patents, which are invented by me and a few other engineers. The application documents of these patents were
passed by our company to a law firm last month, which helped us file
the provisional patents. Based on the fact, do you think I have met
the clause (b) of subsection 14(2)? Am I eligible to sit for the
qualifying examination for patent agents in year 2011?

BTW, is there any way to be eligible to sit for the qualifying
examination for patent agents other than becoming a patent agent
trainee for a law firm for 12 months? If an inventor who has filed his
own patents to the Canadian Patent Office for more than 12 months,
will he be eligible to sit for the qualifying examination for patent
agents?

Thank you very much in advance!

Cowboytown
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cheesepep

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I am sorry that I do not know the above answer, but I have a related question for my friend who is a foreign individual who does not live in the U.S.

So generally speaking, I believe if the person is qualified to prosecute patents in his/her own country (basically all countries including Canada), they can take the USPTO exam if and only if they are first hired by a patent law firm, of sorts in the U.S.?  And only then, will they have limited recognition?  What does limited recognition mean?
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