When you are searching for the right patent agent Canada to help you develop and file your claim, there are a number of vital factors that should be taken into account.
Always go for registered Canadian Patent Agent
First, you should make sure that any person you retain is a registered copyright agent. Most jurisdictions have a wide-ranging training and prerequisite process that must be done in order to gain the patent agent title. This procedure can be quite painstaking. For example, in Canada, candidates must pass a series of four, 4-hour written exams that test the candidate’s ability to draft a first-class patent application, prosecute an existing patent application to secure a notice of allowance from the patent office and analyze whether a patent is likely to be measured by a Canadian court as being valid and examine whether a copyright is likely to be considered infringed by a competitor’s device. The contender must get a minimum 60% standard mark in all four exams to meet the criteria as a registered patent agent Canada.
There are several people who have not so far sat, much less passed the copyright agents exams who wish to get into the business. These people may hold themselves out as “patent professionals”, or some identical confusing terminology. Keep in mind that if the person is not listed as a Canadian patent agent, the person is not one. Then the questions is whether this means the person has tried to pass the examinations and failed, or have never even sat the exams.
There is no need for the copyright agent to be a legal representative. A lot of patent agents are also lawyers. However, for purposes of drafting and prosecuting copyright applications, a lawyer is in no better place than a non-lawyer patent mediator.
Who is actually doing the work?
Also, be conscious of the fact that a law firm may say that it has copyright agents, so long as a member of the firm is a patent negotiator. This does not mean that the patent mediator will be the one doing the work on your patent application. If you are lucky, you might get the Canadian patent agent to “breathe over” the submission before it is filed. There are even a number of law firms that have no patent agents. Like persons who are not patent agents, they can skirt the necessity that only registered patent agents can file patent applications in aid of a discoverer by drafting the copyright application and giving it back to the customer to file with the patent office unwaveringly.
You should ensure that the patent agent you hire is a qualified and registered patent agent. Only a Canadian patent agent will be allowed to represent you before the Canadian patent office. On the other hand, most Canadian copyright agents are qualified as US patent agents and able to take action on behalf of Canadian inventors before the USPTO.
So, understand the technical qualifications of a Canadian patent agent and choose the right person.