A Guide to Industrial Designs

The Basics

• What is an industrial design?
• Other forms of intellectual property

What is an industrial design?

An industrial design is the features of shape, configuration, pattern or ornament (or any combination of these features) applied to a finished article made by hand, tool or machine. It may be, for example, the shape of a table or the shape and ornamentation of a spoon.

The design must have features that appeal to the eye. To be eligible for registration with the Industrial Design Office, your design must be original.

Other forms of intellectual property

People often confuse industrial designs with other forms of intellectual property.

A copyright is legal protection for an artistic endeavour. Often an industrial design is first created as a work of art, and as such, is originally protected by the Copyright Act. An artistic work is protected under the Copyright Act automatically, but a design is protected under the Industrial Design Act only if it is registered. Therefore, it may be a good idea to register your design, even if you have copyright protection for the original art. If you are in doubt about the appropriate course, it may be wise to consult a lawyer or a registered patent agent.

Patents are for new inventions or processes that offer innovative and useful functions. Canadian law regards the functional aspects and design aspects of articles quite separately. Therefore, you cannot list a function as an element of your industrial design. You may, however, be able to obtain a patent for your article's functional aspects and an industrial design for its aesthetic ones. Suppose you develop a new kind of folding chair. The way the chair folds, its lightweight construction, its strength and its durability are all functional qualities. The industrial design features could include the shape or configuration of the chair, and any patterns or ornamentation on it or any combination thereof.

Trade-marks are used to distinguish the goods or services of one person or organization from those of another. The shape of a product or its packaging can be an aspect that distinguishes it from someone else's product. You can register such a feature as an industrial design and later, in a separate process, as a trade-mark. Suppose, for example, you created a soft drink bottle with a unique shape. Initially, you could register this original shape with the Industrial Design Office, and later, once it has acquired distinctiveness, as a "distinguishing guise" (a type of trade-mark) with the Trade-marks Office. Keep in mind that for your bottle to be considered a trade-mark, it must have been on the market for a sufficient period of time such that it has become recognized as your product (i.e. it distinguishes your product from 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 | Tariff of Fees | FAQ | Forms | Glossary |