Dear IPIC Members,

I am reaching out to all IPIC members today with a message concerning the College of Patent Agents and Trademark Agents. In the last few months, what was once a pipe dream in many members’ minds of the creation of a self-regulatory body for IP agents, like most other professions in Canada, is now very close to being a reality. Throughout the process from IPIC’s collaboration with the government on rolling out the Innovation and Skills Plan and the National IP Strategy, to working closely with members, stakeholders and government in implementing the strategy, IPIC has always been at the forefront of advocating on behalf of its members. As your elected President, I want you to know our leadership has fought hard to make sure all of our members’ interests are protected.

IPIC has been informing members about the Regulations through its regular communications channels, including the weekly IP Newsbreak issued every Friday, social media, and direct email outreach. Despite this, it has come to our attention that many members have received other information which has unfortunately created confusion about IPIC’s position. Particularly with respect to one issue in the draft Regulations – that is, the language regarding the residency provision and its potential impact on the reciprocity arrangements which some Canadian patent agents now enjoy with the US Patent and Trademark Office.

We all want the same thing. Specifically, IPIC is and has always advocated for the preservation of the status quo to permit existing reciprocity arrangements to remain in place. This position is clearly and unequivocally stated in IPIC’s formal written submissions (which also address other issues of concern to IPIC members). Further, IPIC continues to work collaboratively with the government as specific amendments to the draft Regulations are being considered to ensure that the Regulations do not jeopardize the status quo.

Ever since the Government of Canada first enacted the legislation which underlies the College, IPIC has been engaging closely with Industry, Science and Economic Development (ISED) and other key players to ensure that the Regulations necessary to bring the College into being were drafted and presented to the IPIC membership for comment in a timely fashion. With the assistance of professional lobbyists, IPIC worked hard for many months, continually seeking draft Regulations from the government.

Members will appreciate and understand that IPIC has developed a close working relationship with government throughout the years. The nature of that relationship has resulted in IPIC having had conversations about the draft Regulations with government under strict confidentiality provisions, which has prevented IPIC from divulging more details to its members. The draft Regulations were published for public consultation in Canada Gazette Part I on March 13, 2021. The very same day IPIC sent a communique to its members advising that the government had committed to continuing its earlier work to engage closely with IPIC in parallel to the public consultation, in order to develop the necessary amendments. IPIC also at that time invited the general membership to provide feedback to IPIC on the draft Regulations. IPIC’s Professional Regulation Committee set off to work on drafting formal written submissions to be presented to ISED. These submissions were filed on April 9, 2021, and a copy can be found here. We are continuing to engage with government as they work on amendments prior to Canada Gazette Part II.

As stated earlier, I and other IPIC Board members and our CEO are bound by non-disclosure agreements and cannot divulge the details of our discussions. However, I can personally tell you there have been countless meetings and calls with government officials involving IPIC leadership, committee members, and the general membership who have volunteered to tell their stories to ISED, particularly on the impacts of the residency provisions on the reciprocity agreement with the USPTO. These discussions started before the publication of the draft Regulations and have occurred consistently and frequently after the publication of the draft Regulations and continue to this day.

IPIC is pleased with the collaborative process in working with ISED on the draft Regulations. The entire IPIC leadership is very optimistic that we are close to a positive outcome to the profession’s concerns, not only regarding the issue of maintaining the status quo on US-Canada reciprocity for certain patent agents, but on all the other issues of concern raised by IPIC on behalf of the profession during these consultations.

I know the stakes are high. The frustration expressed by some members is understandable; however, IPIC remains fully engaged in addressing all issues raised in the draft Regulations, including the reciprocity issue. Let me repeat that IPIC’s objective and the objective of the members that have engaged in parallel efforts are one and the same. Let’s not allow ourselves to be divided, especially not when we are so close to a resolution to all concerns we have been raising.

I understand that there are members who are legitimately concerned about their future. I am asking you to trust your association, to trust the Board, to trust the CEO, and the entire staff at IPIC. I understand that this is hard, particularly when dealing with a regulation-making process which is opaque, slow, and unlike what we are comfortable with in our own businesses. That being said, our CEO, our external partners, and every Board and Committee member that has been involved in the current consultations from the beginning has done everything within their power to have the government preserve the status quo on the reciprocity issue and not to harm the profession or the public.

Thank you to everyone for your support of IPIC and our great profession. The IPIC staff, my fellow Board members and I remain available to discuss this issue with any member.


Best Regards,