You have the option to file applications yourself or use a professional experienced in this area of the law. This professional can advise you with respect to the complicated legal issues and procedures which arise and ensure that your rights are protected.
There are two main groups practicing in the patent and industrial design field - patent agents, and lawyers specializing in patents. Patent agents are usually engineers and/or lawyers who have completed a set of examinations conducted by the Canadian Intellectual Property Office. Lawyers specializing in patents who are not patent agents do not file patent applications but advise on legal matters such as licensing, rendering legal opinions and taking legal proceedings before the Courts.
There are two main groups practicing in the trade mark field - trade mark agents, and lawyers specializing in trade marks who are also trade mark agents. Trade mark agents are individuals who have been employed for two years prosecuting trade mark applications under the supervision of a trade mark agent and who have passed a qualifying examination. Lawyers who pay a registration fee are entitled to practice as trade mark agents by virtue of their legal training.
The Canadian Intellectual Property Office and the Intellectual Property Institute of Canada maintain a list of all firms and individuals who are registered to practice as patent and trade mark agents. In addition many of these firms advertise under the "Patent Agents- Registered" or "Trade Mark Agents- Registered" section of the Yellow Pages.
These firms can also advise you in respect of other intellectual property matters.
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The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007