Changes to the Canadian patent exam
According to a proposed rule change, as described in this news release, the patent exam will undergo some changes. The changes to the exam, the licensing process for patent agents, include that:
- the annual exam will be held at anytime with 2 weeks notice, instead of in April; and
- candidates will need to have 24 months of experience, instead of 12 months, to qualify for a sitting of the exam.
According to the consultation document,
“With increased experience, CIPO is of the belief that prospective agents will be equipped with a more substantive foundation of the patent system from which to better address the needs and issues encountered by all stakeholders.”
The exam is notoriously difficult, with only 4% of first-time candidates achieving success on the 2008 exam, according to the Patent Office’s report (see graph 5).
I doubt that raising the experience requirements will increase the success rate of first-time candidates by any significant amount, unless other changes are made such as reducing the difficulty level of the exam. Exam reform is long overdue and very welcome. It will be quite interesting to see what other changes the Office has in store (e.g. multiple choice questions to improve the consistency of the exam).
