Do I need to provide evidence of my learning activities?
All attorneys must confirm at the point they complete their annual return that they have complied with IPReg's continuing competence requirements. Attorneys are not required to submit evidence to show compliance, but from time to time we may ask a selection of attorneys to provid their records to us as part of our usual assurance processes.
How does maternity leave or other long term leave affect my obligations?
If an attorney will be going on long term leave (such as sick leave or maternity/paternity leave) part way through a practice year, they will still be required to make the Continuing Competence Declaration at the point they renew their registration for the following practice year as we would expect an attorney to be complying with the requirements during the period they are actively practising.
If an attorney is not practising for a full practice year and they are in an active practice category (sole trader, private practice or solely undertaking corporate work), they should ask IPReg for a waiver of the continuing competence requirements. If an attorney is in the Not in Active Practice category they do not need to comply with the continuing competence requirements and need not seek a waiver.
If an attorney is returning to work following a period of leave, they should, at the point of returning, reflect on their practice and take steps to consider what learning or development activities they may need to undertake to ensure they remain competent to practise. Depending on the time of the year, the attorney may not be able to complete many activities before making their Continuing Competence Declaration as part of their annual return, but they should at least take the time to identify activities for the future that will assist with their current development needs, and record them in the usual way.
I am not currently actively practising. Do I still need to reflect on my competence?
IPReg’s continuing competence requirements are for attorneys in an active practice category. Attorneys that are not actively practising due to parental leave, long term illness or sabbatical need not reflect on their practice and undertake learning activities for the period of their inactive practice.
Where an attorney has not been actively practising for more than 12 months but are in an active practice category (sole trader, private practice or solely undertaking corporate work) IPReg may ask the attorney to confirm that they have reflected on their practice and have identified learning activities which will allow them to bring themselves back up to date with developments in their sector during their period of inactive practice.
There would normally be no reason why an attorney who has actively practised at some point during the year, would not have had the opportunity to reflect on their practice and ongoing learning needs.
I work part time. Can I do less CPD?
All regulated attorneys in private practice must comply with IPReg’s continuing competence requirements. As these requirements focus on the practice of each individual attorney, those working part time should consider their practice and reflect on their development needs in the same way as those working in full time roles. The approach taken to continuing competence will therefore be the same for a full time attorney as for a part time attorney.
It is obvious that a part time attorney spends less time in active practice than those working full time so will have less time to commit to reflection and identifying activities for development. All attorneys should consider their individual working pattern and take a proportionate approach to devoting time to reflection and ongoing learning. Like those in full time practice, part time attorneys may spend more time one year reflecting on their practice and undertaking activities to develop their skills than in the next. A part time attorney may need to be more targeted in their approach to reflection, choosing to focus on one or two main areas in a given year where a full time attorney may have the opportunities to do more. IPReg is not concerned about the time an attorney devotes to continuing competence but rather the outcomes that flow from the process of reflection and undertaking activities which meet development needs.
I am on both the patent attorney register and the trade mark attorney register. Do I need to do more CPD activities than an attorney on only one register?
There is no requirement to do an equal split of patent attorney activities and trade mark attorney activities. This is not an hours-based requirement and attorneys should look at their own practice and decide for themselves, the areas to focus on.
The requirement for attorneys is that they continuously reflect on their practice and identify opportunities for learning and development to keep to a competent standard. For attorneys on two registers, this might mean from time to time that activities are focussed more towards one profession than the other. This might change from year to year depending on the attorney’s practice or changes to law or other developments that impact on one specialism more than the other.
I am based overseas and do little UK attorney work. Do I still need to do CPD? Does it have to relate to UK law and practice?
Attorneys who are based abroad are still subject to the IPReg continuing competence requirements which require the attorney to reflect on their individual practice and undertake learning and development activities so they continue to provide a competent service to their clients or employer. This might mean that an attorney who does very little UK attorney work needs to focus more time on developing their skills and knowledge in areas other than UK law and practice.
However, such attorneys should regularly reflect on their practice in the context of the Competency Frameworks and take steps to ensure their skills and knowledge meet the minimum competency levels set out in the frameworks. This will include UK-specific law and practice competencies.
How do I record my CPD? Is there a required template?
IPReg is not prescribing the way continuing competence reflection should be recorded. In its Continuing Competence Guidance, there are some sample templates which attorneys may find useful to adapt to their own purposes. Attorneys may use their own firm’s or company’s learning and development templates (if they have them) so long as the record covers the key requirements to specify a learning or development need, describe the activity done to address the need and evaluate whether the activity chosen sufficiently addressed the required outcome.
How do I report my compliance with the continuing competence requirements?
You will be asked to confirm that you have reflected on your practice and carried out activities to address any identified learning needs as part of your annual return. You will not need to provide any evidence of this unless we ask you to.
Can I use the CPD log in my IPReg account to record my CPD?
The CPD log allows free text of up to 5000 characters (approximately 2 A4 pages of typed text). This is likely more than sufficient for each record and there are no limits on the number of records you can create. The log is entirely optional and attorneys may use this to record their reflective practice should they wish to do so.
Can I ask for a waiver if I have been unable to do any continuing competence through the year?
The requirement to reflect on practice and undertake activities to address any development needs is a continuous process and does not start and end with the calendar year. There should be very few reasons why an attorney has not been able to reflect on their practice and plan activities to address their needs. It may be the case that the needs have not been fully addressed through an activity or series of activities due to unexpected circumstances such as illness, and an attorney may wish to ask for a waiver via their IPReg account. You should do this in plenty of time to allow IPReg to consider your application before the deadline to complete your annual return and pay your practising fees. Late applications may result in your annual return not being accepted and suspension from the register.
There would normally be no reason why an attorney who has actively practised during the year, would not have had the opportunity to reflect on their practice and ongoing learning needs, so it is unlikely that IPReg would grant a waiver in those circumstances.