International Designs

INDUSTRIAL DESIGNS FOR INTERNATIONAL CLIENTS

Designs are protected in Canada by a separate Industrial Design Act, while the Registrar is the same person as the Commissioner of Patents and the Registrar of Trade-Marks within the Canadian Intellectual Property Office (CIPO).

A Canadian Industrial Design application is subject to substantive examination that is initiated on filing of the application. The application should include formal line drawings as well as a description of the design setting out the features of the design relating to the shape, configuration, pattern or ornamentation of the article of manufacture. Although absolute novelty applies, Canada has a one-year grace period for disclosure originating from the applicant. The Convention priority period is six (6) months.

A registered design is in effect for 5 years from the date of registration (typically 9 to 20 months from filing), and may be renewed once for an additional 5 years.