Understanding Industrial Design Registration in Canada

Industrial Design Registration in Canada

Industrial design protection in Canada is an essential part of the country’s intellectual property framework, providing creators with exclusive rights over the visual features of shape, configuration, pattern, or ornament applied to a finished article. 

Authority:

• Canadian Intellectual Property Office (CIPO), www.ic.gc.ca

Terms of Protection:

• Registered industrial designs in Canada enjoy a maximum protection term of 15 years from the filing date. 

Filing Deadline: 

• Within 6 months from the earliest priority date.

Required Documents:

• Representations / Pictures
• A Brief Description
• Certified copy of priority document (DAS available)
• Ownership Statement / Employment Statement / Priority Assignment

Process & Procedure:

Industrial design applications in Canada are examined for both formal compliance and unity and novelty. Upon successful examination, the design proceeds to registration.

Grace Period for Novelty:

Canada applies a 12-month grace period for novelty, allowing applicants to file within 1 year after public disclosure of the design without losing novelty rights. 

Grant and Renewal Maintenance Fee: 

• No grant fee.
• The 1st – 5th annual fees involved in the grant fee, and the renewal fees should be paid every 5 years within the last 6 months of each 5-year protection period.

Granting Time:

If the procedure proceeds smoothly, the average timeline from filing to registration is approximately 12 to 18 months.

Conclusion

Industrial design protection in Canada provides a streamlined and cost-effective route for safeguarding the aesthetic aspects of products.