If you’re wondering how to become a patent lawyer in Canada, we’ll give you the path you’ll have to take, from being a law student to becoming a successful lawyer
Curious about how to become a patent lawyer in Canada? If you're interested in a career that combines law and innovation, then this career path may be perfect for you. Here’s a simple guide to help you understand the steps involved, from studying patent law to becoming a licensed Canadian patent lawyer.
This article can be used by future patent lawyers who want to know where to start or those who are considering a career in intellectual property (IP) law in Canada.
Becoming a Canadian patent lawyer starts early in high school and doesn’t even end after passing that bar. It’s made up of steps that are built over the years that are heavy on studying IP law, specifically patent law. Here’s a summary of the steps involved on how to become a patent lawyer in Canada:
We’ll explain these steps below; you can also use the table of contents above to skip to any of the steps.
To know what comes ahead of you as a future patent lawyer, here’s a video that explains patents under Canadian law:
Already fixed on becoming a patent lawyer in Canada one day? Check out our list of Canadian law schools to help you choose the best law school for you.
Before you can study in a Canadian law school, there are a lot of requirements that you must comply first. Although some of these requirements are set in stone, some may be optional depending on your law school of choice. These requirements apply, not only for those who want to become a patent lawyer, but also for those who want to become a lawyer in Canada in general.
Below are the common requirements before you can enter a Canadian law school:
These two requirements are the major ones, not to mention some documents you’ll have to submit when applying to your chosen law school.
You’ll need an undergraduate or bachelor's degree to apply for a Canadian law school. Although a three-year degree is the minimum, a four-year degree will be advantageous for your law school application. This follows that you’ve completed high school to be eligible for an undergraduate degree.
Although enrolling in a Canadian law school does not require a specific undergraduate degree, planning what degree to take in view of your future specialization can help. Since patent lawyers deal with inventions every day, having a Bachelor of Science degree will help you in becoming one someday.
For instance, any course in the field of engineering or science, or any other related course, can give you the needed technical background when it comes to handling patents. It wouldn’t hurt if you have a background in science, technology, engineering and mathematics (STEM), either or both for your undergraduate course and in high school.
To help you decide which undergraduate course to take if you want to become a patent lawyer in Canada someday, here are some suggested courses:
This is not an exclusive list of what you must take to become a successful patent lawyer. Not to mention that each college and university may have different names for these courses. What’s important is that you enjoy what you study, since there’s not a specific undergraduate course that will ensure your success in law school.
You may or may not be required to submit your LSAT score by the law school you’re applying for. For those which expressly require them, take note of the latest acceptable LSAT score/s that they’ll be accepting as a cut-off. Some may require that you write the LSAT only on a specific time, while some may set how many previous LSAT scores you can only submit.
For those which do not require LSAT score/s, they will usually still accept them if you submit. What’s important is that in both instances, your LSAT score can help with your application.
Aside from your LSAT score/s, another quantitative factor that law schools will be checking is your GPA from your undergraduate and graduate degrees, as reflected in your transcripts. How high your GPA should be would depend on your preferred law school.
Most law schools encourage future students to still apply even if they have a low LSAT or GPA. If one of them is not that good, the other one can save your application. If both are below what they’re looking for, they can look at your other strengths. All of these are part of the holistic approach that law schools commit to when reviewing student applications.
After getting all those pre-law school requisites, the next step in becoming a patent lawyer is to apply for a law school that suits you. Considering all those already mentioned, below are some of the common requirements when submitting a law school application:
Some law schools give out an application form and prefer that you use them. Note that law schools in Ontario use the Ontario Law School Application Service (OLSAS) application.
When you have successfully been admitted to a law school comes the hard but fun part — to finish law school in one shape or another. At this point, if you’re still aiming to become a patent lawyer, here are some things you may want to do to help you with your future career:
take IP law courses: check your law school’s program and see if there’s any opportunities for you to take courses on IP law, or specifically for patent law if you’re lucky; some schools may offer these either as additional or required courses
engage with IP lawyers: expose yourself to firms and lawyers working in the field of IP, such as when targeting firms during on-campus interviews (OCIs); you can also look for internships with IP lawyers or even to your professors teaching IP law
join in-campus orgs: any law school organization that are directly related to IP law, or other closely related practice areas, are great areas of networking and learning
After the three years of studying law and graduating from a law school, there’s an additional one-year period for articling and bar examinations. These are administered by the law society of the province where you want to practice law at. In total, you would need to spend four years to become a lawyer who is licensed to practice in Canada, excluding those pre-law requirements you must take.
Although specializing in patent law already started during your undergraduate studies, you can still enhance your specialization after becoming a licensed lawyer. If you don’t have all that engineering or science background from college, there’s still a chance to specialize in patent law through:
These courses can either be for Canadian IP law in general or specifically about patent law. Currently, these courses are offered not just by law schools, but also other colleges and universities.
To help you visualize how specialization on patents look like, here’s a short video that explains some of the differences between trademarks, patents, and copyrights:
Head over to our page on Intellectual Property for more resources on the different types of IPs in Canada, such as recent statutes and court decisions.
As a fresh graduate, becoming a patent lawyer starts with working for lawyers and firms in IP law. There are two ways to help you in your search:
check our Special Report on the Top IP Law Boutiques in Canada for firms that you may be interested in
use this directory of the best IP lawyers in Canada as ranked by Lexpert, one of our sister publications
A patent agent a licensed person who can represent those who want to register for a patent and other related activities before the Canadian Intellectual Property Office (CIPO). Specifically, a patent agent can:
On the other hand, patent lawyers are more concerned with litigating the claims of clients, or defending them, before a court when an IP dispute occurs. However, patent lawyers can also be registered as patent agents at the same time.
Because the licensing process for patent agents is entirely different, a patent lawyer can only do what a patent agent can if they’re also licensed as one. In other words, if you want to become a patent lawyer and a patent agent all in one, you’ll have to hurdle another process.
In Canada, there’s a federal law and designated body for the licensing and regulating of patent agents. The College of Patent Agents and Trademark Agents (CPATA) is the independent body established by the CPATA Act. The responsibilities of the CPATA include:
To become a patent agent in Canada, you must go through the following processes with the CPATA:
training: become an agent in training under the supervision of a supervisor-licensee, and complete the training within 24 months or less
examination: pass the patent agent qualifying examinations, which are composed of Knowledge Examinations and Skills Examinations
Aside from the possibility of taking the tasks of a patent agent, being a patent lawyer will open you to other opportunities for which you’ll need the following knowledge and skills:
legal knowledge: the most basic of all is your knowledge of the Canadian IP laws, specifically on patents, such as the federal Patent Act and other issuances or guidelines by the CIPO
patenting process: as a patent lawyer, you should be able to direct inventors on how to file a patent with the CIPO, including researching patent databases and the appeal process
using a patent: clients may ask for your legal opinion and help when it comes to making use of their patented inventions for value, such as licensing others for their use or even selling them
patent protection: when patent infringement happens, guiding your clients on the appropriate remedies against the alleged violators is important, aside from gathering evidence for the case
Becoming a patent lawyer in Canada is a rewarding yet challenging career path that involves years of training and continuous studying. From fulfilling pre-law requirements to specializing in patent law after law school, each step offers great opportunities to help you become a patent lawyer. Also, understanding the differences between patent agents and patent lawyers, and knowing the licensing and certification processes for each, will further clarify the steps you need to take in the future.
Go to our page on Legal Education for other resources to help your journey on how to become a patent lawyer in Canada.
