Types of Intellectual Property Professionals

When speaking about intellectual property (IP) professionals, most people think of patent or trademark lawyers. However, lawyers are not the only professionals qualified to help you with intellectual property matters. There are also registered patent and trademark agents that can assist, depending on your needs. The different types of professionals are not mutually exclusive – an intellectual property lawyer can be, but does not need to be an agent, and an agent can be, but does not need to be a lawyer to represent clients.

However, the process to becoming each is much different, and the type of work that they can do for clients will also be different.

The following is a quick breakdown of each type of professional:

Intellectual property lawyer

  • Graduate law school and have the requisite J.D. or LL.B. degree.

  • Called to the bar of the province in which they operate

  • CAN provide legal advice on a wide range of matters

  • CAN send and respond to demand letters

  • CAN represent clients in court

  • CANNOT file patent or trademark applications or correspond with CIPO on behalf of clients

Registered trademark agent

  • Have at least 2 years of experience in trademark law and practice

  • Pass the qualifying trademark agent examination

  • CAN provide legal advice on trademark matters

  • CAN prepare, file and prosecute trademark applications

  • CAN respond to CIPO on behalf of clients in trademark matters

  • CANNOT represent clients in court

  • CANNOT provide legal opinions on non-trademark matters

 

Registered patent agent

  • Have at least 2 years of experience in patent law and practice

  • Pass the qualifying patent agent examination

  • CAN provide legal advice on patent matters

  • CAN prepare, file and prosecute patent applications

  • CAN respond to CIPO on behalf of clients in patent matters

  • CANNOT represent clients in court

  • CANNOT provide legal opinions on non-patent matters

 

Accordingly, it is important that individuals and businesses find the right type of professional for the job. Many law firms have a combination of lawyers and different types of agents to best serve their clients, and JZC Intellectual Property Law is no exception. Jerry Chen is a lawyer, registered patent and trademark agent, and can provide all of the services listed above.

For further information on intellectual property professionals as well as the typical fees charged, please consult CIPO’s guidance page here.

Click here for reasons why you should hire an intellectual property professional.

For more information, please feel free to contact us.

Disclaimer: The resources published on this website are available for informational purposes only and should not considered legal advice on any subject matter. By viewing these resources, the reader understands there is no solicitor client relationship between the reader and JZC Intellectual Property Law. This website should not be used as a substitute for legal advice, and readers are urged to consult legal counsel on any specific legal questions concerning a specific situation.

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