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- Abandonment
- An application for an industrial design will be considered abandoned if the applicant fails to reply within the
specified time to any report which sets out objections to registration.
- Application
- The formal request for an industrial design. The complete application has five main elements: description, title,
drawings or photographs, declaration and fees.
- Assignment
- The permanent transfer of design rights from the owner to another party.
- Canadian filing date
- The date your completed application is officially received at the Industrial Design Office (not to be confused with the
registration date at the end of the process).
- Canadian Intellectual Property Office (CIPO)
- The federal government agency responsible for industrial designs and other forms of intellectual property, including
patents, trade-marks, copyrights and integrated circuit topographies.
- Certificate of registration
- Official confirmation that your design has been registered.
- Convention priority
- A protocol that gives you six months to file for design registration outside Canada after your Canadian filing date.
Convention priority applies in countries that have signed the Paris Convention (see definition below).
- Copyright
- Provide protection for artistic, dramatic, musical works or literary (including computer programs), and three
other subject-matter known as: performances, sound recordings and communication signals.
- Declaration
- Formal statement that you are the proprietor (see definition) of the design and that, to your knowledge, no one else
was using the design when you created it.
- Description
- A description is a basic requirement of an application for an industrial design. It identifies the features of shape,
configuration, pattern or ornament that comprise the design, and indicates whether the design resides in the entire article
or a portion.
- Design patent
- The term used in the United States to describe a form of protection similar to that of industrial design protection in
Canada.
- Drawings
- Drawings or photographs disclose the industrial design and are a basic requirement of a design application.
- Examination
- The process through which the Industrial Design Office determines whether a design warrants registration. The main
objective is to determine that the design is indeed design subject-matter, that it is original and that the documentation
meets the requirements of the Act and Regulations.
- Industrial design
- The visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a
finished article of manufacture.
- Industrial Design Act
- Legislation governing registration and ownership of industrial designs in Canada.
- Industrial Design Office
- The office within the Canadian Intellectual Property Office responsible for registration of industrial designs.
- Infringement
- Violation of industrial design rights through unauthorized use of a design.
- Licensing
- The granting from the owner of a design to another party, certain rights related to the design. This may include such
things as the right to use, manufacture and sell the design.
- Maintenance fee
- Fee required in order to maintain the rights to an industrial design for a second five-year period.
- Marking
- Signalling that a design is registered by placing a capital "D" in a circle—along with the name, or abbreviation
thereof, of the design's proprietor on the object to which the design has been applied, or to its label or packaging.
- Paris Convention for the Protection of Industrial Property
- An international treaty on intellectual property signed by some 90 nations, including Canada.
- Patent
- Covers new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an
existing invention.
- Prior art
- The body of registered industrial designs or other published designs including catalogues, manuals and other
publications throughout the world relevant to the application for registration of a design.
- Proprietor
- The proprietor of an industrial design is the owner of the design. This can be the person who created it or who paid to
have it created or who bought the design rights from the owner.
- Publication
- Publication of a design is the act of making it public or available for commercial sale or use anywhere in the world.
- Registration
- The granting of formal recognition of an industrial design by the Industrial Design Office. This provides protection
against imitation and unauthorized use of the design effective from the date of registration.
- Representative for service
- A person in Canada appointed by the applicant or registered proprietor to receive documents on his/her behalf.
- Search
- The act of searching through registered and published designs in the Industrial Design Office records to verify whether
a design is original.
- Trade-mark
- A word, symbol or design (or a combination of these), used to distinguish the wares or services of one person or
organization from those of others in the marketplace.
A Guide to Industrial Designs
| Table of Contents | Introduction |
| The Basics | Registering your Industrial Design | The Process |
| Other Procedures | For More Information | Fees |
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