Filing an Industrial Design Application
What is an industrial design?
An industrial design is defined as the visual features of shape, configuration, pattern or ornament, or any combination of these, applied to a manufactured article. The article may be made by hand, tool or machine.
Although the design must have features that appeal to the eye, it is not the responsibility of the Industrial Design Office to evaluate the aesthetic quality of those features. The Office's role is to assess originality and ensure that the application meets the requirements of the Industrial Design Act and Regulations.
When to file
There is no time limit for filing an application if the design has never been published. The term "published" in this context means that the design has been made public (even to your neighbours) or offered for commercial use. If publication has occurred, you must file within 12 months of publication or you will lose your exclusive rights to the design.
The advantage of registering your industrial design is that it gives you exclusive rights to your design. Registration enables you to prevent others from making, importing for trade or business, renting or selling any article in Canada for up to 10 years. It should be noted that unless your design is registered, you can make no legal claim of ownership and have no legal protection from imitation. This is different from trade-mark and copyright protection, which allow you to claim ownership even without registration.
How to file
An application for industrial design has three basic elements that are required by the Industrial Design Act and Regulations:
- an application form;
- at least one drawing or photograph of the design;
- the required fees.
Furthermore, foreign applicants must provide the name and address of someone in Canada who will act as their representative for service. Applicants who have appointed an agent must also provide the name and address of their agent.
Payment of fees
Payments may be made by credit card or by deposit account.
Examining an application to register an industrial design in accordance with paragraph 4(1) of the Industrial Design Act: Item 1 of the Tariff of Fees.
NOTE: SECTIONS MARKED WITH AN ASTERISK (*) MUST BE COMPLETED BEFORE YOU SUBMIT YOUR APPLICATION
System Requirements and Information
You should review our system requirements and information summary to ensure you have the required software.
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