Industrial Designs

To Whom Does This Apply?

Every product on the market today has design elements that make the product more appealing to consumers. Whether buying an MP-3 player, running shoes or sunglasses, the purchase is often influenced by the design. By creating well-designed products, an entrepreneur can reach out and appeal to a specific target group or market, using the design as an effective marketing tool. Get the edge over the competition and consider registering your designs today.

Current and potential applicants will find the following information useful when filing, sending correspondence or paying a fee.

A search of the Industrial Designs Database will show existing designs so you can check if your design is new. The database contains designs since 2002, and prior to that a manual search of paper records must be conducted at the Canadian Intellectual Property Office (CIPO) Client Service Centre in Gatineau, Quebec.

Summary

What is an Industrial Design?

Industrial design means features of shape, configuration, pattern, ornament, or any combination of these features that are applied to a finished article.

Protection

The owner of a registered industrial design has exclusive rights to it for 10 years if the maintenance fee is paid. The Industrial Design Office examines applications on a "first to file" basis.

Registering your design gives you exclusive rights in Canada only. To enjoy similar rights abroad, you must apply for them in each country separately. Most industrialized countries have equivalent industrial design protection. Applicants must abide by the industrial design laws of each country; these may differ from Canadian laws.

International Intellectual Property Offices

Disclosure

Public disclosure of a design more than one year before filing will make it impossible to obtain a registration in Canada. Most other countries require filing before use or written disclosure anywhere. It is best to apply for registration before marketing a product.

Ownership

Usually, the creator of a design is considered the proprietor. A team working together to create a design should file for registration as joint proprietors. Individuals or teams hired under terms of a contract to develop a design are not considered proprietors. In that case, the person who contracted to have the work done is the proprietor and is the only one entitled to apply for registration. Similarly, when designs are developed by employees of a company on company time the company is the proprietor, and only the company's name may appear as applicant and registrant. Time and expense can be saved by resolving the issue of ownership before applying for registration.

Why file?

Designs are valuable business assets which may be sold or licensed. No one may use a registered design without the owner's approval. The certificate is evidence of ownership and the originality of your design. Design is an important consideration when customers purchase a product.

Benefit to Canadians

Canadians are surrounded by designs in every type of product on the market. Canadians are able to verify the registration and ownership of these designs, providing them with information to make informed business decisions such as when drafting licencing agreements or purchasing a product.

Getting Started

First identify the intellectual property (IP) that should be protected and make sure it can be protected under the Industrial Design Act. The publication Stand out from your competitors provides a valuable introduction to IP and is a great starting point. The Guide to Industrial Designs provides more general information and an introduction to industrial design practices and procedures.

• Stand out from your competitors
• Guide to Industrial Designs
• Industrial Design Act Department of Justice Web page  

Agents

There are no "Industrial Design" agents, however often the patent or trade-mark agents have experience in handling industrial design cases. See the lists of registered agents for patents and trade-marks.

• List of Patent Agents
• Trade-mark Agents List

Preliminary Search

The Industrial Design Database contains designs registered since June 15, 2002. Prior to this date the designs are available in paper and on microfiche at the Client Service Centre in Gatineau, Quebec. A search will help to determine if your design is new and original. A search could also help you conduct a historical search for age and origin of an antique you may own. A professional searcher can be hired to perform a more in-depth search.

Canadian Industrial Designs Database

Filing an Application

Only the proprietor of a design may apply for and obtain registration. A complete application contains the application and drawings. Applications may be filed online, by mail or by fax. There are online and printable forms on the site.

Online and printable forms

Process and related fees 

There are several steps in the process and these are detailed on the CIPO Web site with approximate turnaround times and associated fees. In order to meet the obligation of an international treaty signed by Canada, the Office does not register any design until six months after the date of filing.

• Application process 
• Industrial Design Office Practices

Fees

Refer to the Application Process document for the basic fees associated with an application.

• Tariff of Fees
• Application process
• Industrial Design Regulations Department of Justice Web page

Assistance Available 

• CIPO's Client Service Centre
• Canadian Intellectual Property Office Web site

Online Forms

File new applications, assignments or licences, or other correspondence, pay fees, attach documents and pay by credit card online. There is a log-in process through Strategis and there are system and browser requirements to be met including 128 bit encryption. For more information see the CIPO's Registration page.

You can also order copies of documents on-line and pay when the order is ready. 

• Online and printable forms 
• Registration page 

Mail and Facsimile Correspondence

Address to: Industrial Design Office, Canadian Intellectual Property Office in Place du Portage I, 50 Victoria Street, Gatineau, Quebec K1A 0C9; or to a designated Industry Canada Regional Office; or via a designated courier service; or by fax to 819-953-CIPO (953-2476) or 819-953-OPIC (953-6742).

The date of receipt depends on where/how it was delivered and whether the office is open for business on that day.

Correspondence Procedures 

Publications

Industrial Design Office Practices, notices and other publications are available on the CIPO Web site.

• Industrial Design Office Practices
• Notices
• Publications
  

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Ontario Contact(s):
Industry Canada
4th Floor
151 Yonge Street
Toronto, Ontario  M5C 2W7
Telephone: (416) 973-5000
Fax: (416) 936-0334