Guideline to Furnishing Evidence When Applying for the Patent Agent Qualifying Examination

In order to write the patent agent examination, all candidates are required, pursuant to paragraph 12(b)(iii) of the Patent Rules, to furnish the Commissioner with evidence establishing that they meet the requirements set out in paragraph 12(a).

The Office considers that any of the following will satisfy the requirement to furnish evidence: an affidavit or a statutory declaration by the candidate, or a letter of attestation signed by the candidate's employer or by a registered patent agent.

The affidavit, statutory declaration or letter of attestation will be assessed by the Office to determine whether it establishes that the requirements of paragraph 12(a) of the Patent Rules have been met by the candidate.

The Office, as a general rule, does not require a detailed explanation of a candidate's experience. The Office prefers a document that clearly and succinctly provides qualitative information addressing the nature (e.g. preparing, filing and prosecuting applications), context (e.g. in Canada, at firm X, since 20xx, under the supervision of a registered agent), and duration of the experience. Quantitative descriptions, other than for establishing that the 24-month requirement has or will be met, are not required.

It is not necessary to have a third party attest to the candidate's experience, nor is it required that the experience be obtained under the supervision of a registered patent agent.

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