Proposed Change: Accelerated examination of an industrial design application where there is a priority claim

Upon request and payment of the fee, item 12 of the Tariff of Fees, the Industrial Design Office accelerates the processing, search and examination of an industrial design application. However, for the reasons explained in the background document, the Office takes the position that the search cannot occur earlier than six (6) months from the Canadian filing date. In this regard, some clients have expressed that when accelerated examination has been requested for an application with a priority claim, the Office should conduct the search earlier, i.e. six (6) months from the priority date.

In order to provide improved accelerated service, consideration is being given to conducting an earlier search for priority-claiming applications, only under circumstances that would prevent the registration of a later-filed design. Specifically, the Office proposes that in the case where the applicant voluntarily submits the documents required under subsection 20(2) of the Industrial Design Regulations, and such documents support the priority claim, the search will be conducted as early as six (6) months from the date of priority.