ARCHIVED — Proposed Practice Notice: Delay of Registration of an Industrial Design

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Consultation Updates

April 4th, 2010

Consultation comments received:

Please note that comments are in the language in which they were submitted to CIPO.

Consultation Period

Consultation period: January 11, 2011 to March 11, 2011

Consultation and Discussion

As part of the Canadian Intellectual Property Office's (CIPO) commitment to provide quality and timely intellectual property rights, the Industrial Design Office requests your participation in a consultation on the proposed change to our procedures.

Current Practice

When the Office receives a request to delay the registration of an industrial design, a delay of six (6) months will automatically be granted, commencing on the date of receipt of said request by CIPO. Currently, applicants decide when to file the request bearing in mind that it should be filed early enough to avoid the premature registration of a design, but not so early that the delay will expire prior to the application being allowed (rendering the delay ineffective).

Proposed Change

Regarding the length of the delay, CIPO is considering a change in practice to give clients the option to request a delay period of less than six (6) months. This would offer clients more flexibility when a delay of less than six (6) months is sufficient, which could also result in an overall reduction in file pendency.

Regarding the start date of the delay, CIPO is considering a change in practice to commence the delay of registration on the date of allowance, regardless of when the request was received by CIPO. In conjunction with the Office's proposal for issuing a courtesy notification of allowance, this change would benefit applicants by eliminating the need to estimate the proper timing for filing the request in order to ensure that a design is not prematurely registered.

The Office directs your attention to the following proposed practice notice:

Request for Comments

CIPO values your opinions and welcomes your comments prior to the finalization of the office practice. All comments will be posted on our website following the consultation period. Please note that all comments will be kept online for three (3) months from the date of posting before being archived.

Should you wish to provide comments on the proposed changes, please submit them by March 11, 2011, by email to the attention of Rita Carreau, by fax at 819-953-CIPO (819-953-2476), or by regular mail to the following address:

  • Canadian Intellectual Property Office
  • Copyright and Industrial Design Branch
  • 50 Victoria Street
  • Place du Portage II
  • Gatineau QC K1A 0C9
  • Attention: Rita Carreau

Thank you for your participation and interest in this matter.

  • Felix Dionne
  • Director
  • Copyright and Industrial Design Branch