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How Your Industrial Design Application is Processed
You can obtain further information concerning your application for registration by:
Telephone: (819) 997-1936
Fax: (819) 953-6977
If you have already obtained a registration number from our Office and you would like
further information concerning your file, please indicate your registration or file number
when making any new request for service relating to your file.
Nota: A large number of applicants seeking Industrial Design protection are
represented by a registered patent agent. When an agent has been appointed, the Office
will address all correspondence to the agent.
Enquiries concerning the various phases
of prosecution should, therefore, be directed to the appointed agent.
MAIN PROCESS
What happens to your application
| How we will inform you... |
...and when |
Fees |
| If the fees have been paid and the filing date requirements have been met, an application number is assigned and the application information and filing date is recorded. Your application will then proceed to classification. |
A filing certificate will be issued that confirms the filing date and the application number. If the fees have not been paid, you will receive a report requesting the amount of fees owing. |
...within 4 weeks of receipt of the application |
$400 basic fee, plus $10 for each page of drawings in excess of 10 pages. |
| If the fees have not been paid, the application will not proceed to classification until they have been paid. |
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| If the filing date requirements have not been met, an application number is assigned but the application will be held up from further processing until such requirements are received. (The filing date will be the date that all requirements are received.) |
A report will be issued to request the missing filing date requirements, and also the amount of fees owing if the fees have not been paid. |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| If it is clear what the article is, your application is classified according to the Canadian Industrial Design Classification Standard. |
You will not be informed at this stage. |
...within 1 week of issuing the filing certificate |
None (included in the basic fee) |
| If it is not clear what the article is, your application cannot be classified |
A report will be issued to request more information about the article. |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| A search of registered designs and published art is conducted. Your application will then proceed to examination. |
You will not be informed at this stage. |
...within 10 months of issuing the filing certificate |
None (included in the basic fee) |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| Your design is assessed to determine originality and your application is reviewed for conformity with the requirements of the Industrial Design Act and Regulations. |
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None (included in the basic fee) |
- If all requirements are met, your application is approved for registration (or "allowed")
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You will not be informed at this stage. |
...within 11 months of issuing the filing certificate |
- If your application is not in an allowable state, the examiner will prepare a report.
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An examiner's report will be issued that specifies the objections to registration. (You may respond by making the required amendments, or by submitting arguments.) |
...a first report will be issued within 11 months of issuing the filing certificate
Subsequent reports will be issued within 6 weeks of receipt of your amendments or comments.) |
- If your arguments fail to overcome the objections, your application will be refused and the examiner will issue a final report. *Note: No further action is taken after the final report is issued.
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A final report will be issued that maintains the objections to registration. |
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*You may request a review by the Patent Appeal Board.
If your appeal is rejected, you may make an appeal to the Federal Court.
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| A final pre-registration search is done to ensure that there is not a similar pending design with a prior date of filing. |
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None (included in the basic fee) |
- If no such prior art exists, your application will proceed to registration.
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You will not be informed at this stage. |
Upon request, a telephone call will be made within 1 day of allowance. |
- If such prior art exists, the examiner will prepare a report.
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An examiner's report will be issued stating the objection to registration based on the prior art. (You may respond by submitting arguments.) |
...within 1 month of the pre-registration search |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
Your design is registered.
Note: The term of protection is 10 years upon payment of the maintenance fee before the expiry of 5 years beginning on date of registration. |
A certificate of registration will be issued along with the following documents:
-Copy of the application
-Cover sheet summarizing the information pertaining to the design
-A notice explaining the maintenance requirements |
...within 2 weeks of the registration date |
None(included in the basic fee) |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| If the fee is paid within the prescribed time limit, your registration is maintained for the remainder of the 10-year period. |
A maintenance certificate will be issued. |
...within 1 week of receipt of the fee |
$350 if your request is received within 5 years of the registration date.
$400 if your request is received in the 6 months following the 5-year period. |
OTHER:
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| If you do not respond to a report by the specified date for reply, your application will be considered abandoned as of that date. |
A notice of abandonment will be issued. |
...within 1 month of the date of abandonment |
None (included in the basic fee) |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| Upon receipt of the prescribed fee, a written request to reinstate and a response to the outstanding report, your application will be reinstated. The Office will review the application and your response to the report. (Note: Your request must be received within 6 months of the date of abandonment). |
Upon request, you will be notified by telephone that the application has been reinstated. |
...within 2 weeks of receipt of your request to reinstate |
$200 |
| If the above requirements are incomplete, your application cannot be reinstated. |
A request will be made for the missing requirements by telephone or report depending on the time remaining before expiry of the 6-month reinstatement period. |
| If the 6-month period to reinstate has expired and the above requirements have not been met, reinstatement is no longer possible. Your application will be considered inactive and the Office will take no further action. |
A letter will be sent to you stating that the application will not be reinstated and is considered inactive. |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| Upon receipt of a written request, an extension of 4 months will be granted unless a shorter period has been requested. (Normally, a maximum total of 12 months extension from the reply due date will be granted.) |
A written confirmation will be sent to you indicating that the extension has been granted. |
...within 1 week of receipt of your request |
None (included in the basic fee) |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| Upon receipt of the prescribed fee and a written request, your application will proceed on an accelerated basis. (Note: An international treaty requires that the Office not register an application before the expiration of a 6-month period from the filing date or from the priority date where priority is claimed.) |
You will receive confirmation by telephone. |
...within 1 week of receipt of the request |
$500 |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| Upon receipt of a written request and the prescribed fee, your application will be held from registration for the time specified in the request once the pre-registration search has been done. (Normally, a maximum total of 6 months delay will be granted.) |
You will be informed by telephone. |
...within 1 week of receipt of your request |
$100 |
| What happens to your application |
How we will inform you... |
...and when |
Fees |
| Upon receipt of the prescribed fee and the assignment document or affidavit, the chain of title is verified and the assignment is recorded. |
A certificate of recordal will be issued. |
...within 6 weeks of receipt of your request |
$100 for each design affected by the assignment |
| If the above requirements are incomplete, the assignment will not be recorded. |
A report will be issued to request the missing requirements. |
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