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How Your Industrial Design Application is Processed
[PDF Version 85.6KB]
You can obtain further information concerning your application for registration by contacting our
Client Service Centre.
If you have already obtained an application number from our office, please indicate it when making
any new request for service relating to your file.
Note: 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.
Note: The following is an overview of how a industrial design application is processed including
approximate timelines. Visit CIPO's service standards to see our service standard commitments.
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. |
...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. |
A report requesting the amount owing will be issued. |
| 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 |
| To ensure an effective search, your application will undergo
an assessment by an examiner to ensure that the description relates to one design or variants. |
If it is clear what constitutes the design and the application
relates to one design or variants, the application will proceed to search. You will not be
informed at this point.
If it is not clear or there is more than one design, a report
will be issued to request clarification and/or an amendment restricting the application to one
design. All other objections relevant to the application will also be raised. |
Within approximately 6 - 8 months. |
None (included in the basic fee). |
| 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 Industrial Designs Regulations. |
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|
None (included in the basic fee). |
| If all requirements are met, your application is approved
for registration (or "allowed"). |
You will not be informed at this stage. |
...within 14 months of issuing the filing certificate. |
| If your application is not in an allowable state,
the examiner will prepare a report. |
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 14 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.) |
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 |
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 the 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; and
- a notice explaining the maintenance requirements.
|
...within 1 week 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 confirmation letter will be sent to you. |
...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 Process
| 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). |
A letter confirming reinstatement of the application will be sent. |
...within 2 weeks of receipt of your request to reinstate. |
$200. |
| If the above requirements are incomplete, your application
cannot be reinstated. |
A notice will be sent to you requesting the missing requirements. |
| 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 a confirmation letter. |
...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. (Normally, a maximum total of 6 months delay will
be granted.) |
A letter confirming acceptance of the request will be sent. |
...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 notice 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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