FAQ on Industrial Designs

Before filing an application

  1. What is an industrial design?
  2. When can I file an industrial design application?
  3. What is the difference between a distinguishing guise and an industrial design?
  4. What cannot be protected by an industrial design?
  5. Who can apply for an industrial design?
  6. Is there a time limit for filing an application for registration?
  7. Can non-Canadians register their designs in Canada?
  8. I only want to register a design applied to part of an article. Is this possible?
  9. What is an assignment?
  10. What is a license?
  11. Can I register my design as an artistic work under the Copyright Act?
  12. It would be easier to understand my industrial design if I could show the article in a particular setting. Is this possible?

Searching

  1. Can anyone do a search through the Industrial Design Office records?

Filing the application and other documents

  1. What do I need in order to apply for industrial design registration?
  2. English and French are not my first language. Can I submit my application in another language?
  3. What happens if someone else applies for the same design that I apply for?
  4. Can I get help in filing an application for industrial design protection?
  5. If I submit my application online, is there a specific format that I must use to submit my drawings?
  6. What type of description do I need to include?
  7. What type of drawings or photographs are necessary?

Fees

  1. What is "maintenance" and what is the maintenance fee?
  2. Where can I find information on the fees for registration?

After filing the application

  1. What is the classification of an industrial design?
  2. How is the application examined?
  3. Will the Industrial Design Office know if I did not originate the design?
  4. What is the first step that CIPO will take when they receive my application?
  5. Can I ask for a delay in the registration of my industrial design?
  6. Can I ask for an extension of time to respond to a report?
  7. Can I make amendments to my Industrial Design application?
  8. Can I take further action if my application is deemed non-registrable in the final report?
  9. Can I withdraw my application?
  10. When should I expect my application to become registered and what does it mean for me?

After the registration

  1. What are my rights as the registered proprietor?
  2. Do I have to put any marking on the articles?
  3. How long does registration last?
  4. If I sell or purchase rights to a design, do I need to inform the Industrial Design Office?
  5. What does it mean when my file becomes abandoned?
  6. Can I make amendments to a Registered Industrial Design?
  7. Can I withdraw my request to maintain a registration or my request to record an agreement?
  8. How can I reinstate my industrial design application after abandonment?
  9. What will the Industrial Design Office send me after registering my application?
  10. Would the Industrial Design Office stop someone else from infringing my design?
  11. When will my industrial design registration be posted in the Industrial Designs Database?

Agents

  1. Why hire an agent?

Other

  1. What should I know about protecting my industrial design in other countries?

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