Before Confederation, there were a few practising patent solicitors in the Canadian colonies, none of them depending solely on patents or trademarks for their livelihood. Upper and Lower Canada had their own patent acts and, between them, had granted over 3,000 patents before the first federal Act, the Patent Act, 1869, was passed.

Until 1858, when Ottawa became the capital of Canada, the Patent Office roved the country in unison with the capital city. In 1872, when amendments to the Patent Act were passed, the Patent Office was established in Ottawa and the Minister of Agriculture appointed Commissioner of Patents.

With the onslaught of the 20th century, WWI and industrialization, the number of patent applications soared. Neither the Patent Office nor the profession was equipped to cope and the profession fell into disarray. Canadians were soliciting business in the United States; Americans and other foreign attorneys were practising in Canada and filing directly with the Patent Office. When the first register of attorneys was established in 1923, the only requirements were good character and the ability to prepare and file applications. There was no education or training requirement and people already practising were virtually grandfathered in since the Commissioner had no way of assessing qualifications.

From Chaos into Order

In 1926, Alex MacRae, manager of the Ottawa office of Marks & Clerk, and Russel Smart, the Ottawa partner of Fetherstonhaugh & Co., invited all Canadian practitioners to a meeting to form an association whose main purpose would be to improve the law and practice relating to patents, and promote and maintain high standards in the profession. Twenty-six names, distinguished in the profession to this day, made up the founding membership roll. In his presidential address, J. Edward Maybee confessed that he had been elected mainly because he was the only member on good terms with all the other members.

One of the Institute's purposes was to curb the prolific - and somewhat competitive - advertising by patent practitioners. Several practitioners refused to join the Institute because they would not adhere to its advertising restrictions. At least two founding members later resigned for that very reason. The Institute's code of ethics created two groups of practitioners-members who complied with it, followed a fee schedule and limited their advertising, and non-members who continued to needle competitors with their aggressive business tactics.

Harold Fox (president 1938-41) opened negotiations with the law societies and the Canadian Bar Association aimed at obtaining agreement to the effect that neither patent practitioners nor lawyers could use the words "counsel" "attorney" or "solicitor" in association with the word "patent."

In a remarkable parallel with today's qualification issues, the next president, Alex MacRae, began negotiations with the government on qualifications to practise. He maintained that lawyers should not be entitled to practise in the Patent Office or be a member of the Institute without an adequate technical background and training. Negotiations wrapped up after his mandate, in 1945, and two issues were resolved at the same time: the term "patent agent" was coined for everyone to use and all applicants for registration, lawyers included, had to pass an exam set by public service employees and members of the profession.

Members at a Glance

Not all the founding members were private practitioners. Among them was Lloyd Prittie, manager of the Patent Department at Canadian General Electric. In 1946, Prittie introduced colleague Ray Eckersley to his first-the Institute's 20th-Annual Meeting. In those days, the 40-odd members gathered in a men-only, penguin-suited, formal affair held at Ottawa's Château Laurier Hotel.

A fresh graduate, Eckersley remembers feeling awed in the presence of the country's most distinguished practitioners sitting at one long table in heated discussion. The Institute's 80th anniversary coincides with his own 60 years in the profession.

One of the first two women members of the Institute, Joan Clark became the first woman president (1978-79). In particular, she remembers working hard with vice president James Kokonis to defeat the fierce opposition from an Assistant Deputy Minister in Consumer and Corporate Affairs who led a determined effort to undermine the Patent Act and the entire patent system.

With the Passage of Time...

The Institute's 50th anniversary in 1976 was a grand affair. Guests from sister organizations all over the world attended the Annual General Meeting in Ottawa. By the time all the speeches at the Final Banquet were over, half the participants had snuck out of the dining room to watch a Canada Cup game between the USSR and Canada on television.

Members Robert Mitchell and Gareth Maybee were asked to write a history of the profession and the Institute for the 50th anniversary. The research proved enormous. Work on and contributors to the project ebbed and flowed until Mitchell completed the History of the Patent and Trade Mark Profession in Canada in 1985.

What's In a Name

Originally, the Institute was established under the name of the Canadian Institute of Patent Solicitors and incorporated in 1935 as the Patent Institute of Canada. After 1948, when new rules made Canadian residency a requirement to practise before the Patent Office, the Institute and the profession ballooned. In the early Fifties, Harold Fox was appointed head of a committee to draft what would become the Trade Marks Act, 1954. The Institute's bylaws were amended at the same time to admit trade-mark agents and the name changed to the Patent and Trademark Institute of Canada.

Come the close of the 20th century and its massive technological advances, the Institute's name became exclusionary of those practising in industrial design, copyright and other forms of intellectual property. The new name of Intellectual Property Institute of Canada, better reflecting the trend of the day, was adopted at the 1999 Annual Meeting in Quebec City. Only the pronunciation of the acronym caused some confusion. In his opening remarks, Glen Bloom asked for a show of hands favouring "ipickers" or "eye-pickers." Not altogether surprisingly, a vast majority of members elected the former.

Come Celebrate

Thirty years, a new name and another banner birthday later, IPIC is celebrating its 80th anniversary. President Cynthia Rowden, the Council and the staff invite all the members to toast this remarkable event with them at the 40th Spring (originally known as the Mid-winter) Meeting in April and the 80th Annual Meeting in September.

Written by Sylviane Duval
Based on the History of the Patent and Trade Mark Profession in Canada and interviews with Joan Clark, Ray Eckersley and Robert Mitchell.

© 2012 Intellectual Property Institute of Canada, Ottawa, ON 613.234.0516