Industrial Designs

In Canada it is possible to secure an industrial design registration, the Canadian equivalent to a United States design patent, to protect the ornamental appearance of an article. Canadian Industrial designs remain in force for an initial term of five years, and may be renewed for a second five year period.

We can be of assistance to you in preparing and filing any design applications before the Canadian Intellectual Property Office, please feel free to contact any of our firm professionals.

Practical Advice

To avoid statutory bars, it is essential that a Canadian industrial design application be filed in Canada within twelve (12) months of the inventor first making the design available to the public anywhere in the world.

Although it is possible to claim priority to a previous design patent application first filed in a foreign country up to six (6) months earlier, a claim of priority to such an earlier application will not extend the twelve month disclosure grace period.

Requirements to File Industrial Design Applications in Canada

A. INFORMATION

1. The name and address of the Proprietor who is to own design rights
2. Title of the Design
3. Priority Claim Information, including:
   1. Priority Country
   2. Priority Application Serial Number
   3. Priority filing date
   Certified copies of priority applications are typically not required
4. Your file reference

B. DOCUMENTS

1. Application drawings, or if drawings are unavailable, photographs showing the article to which the design is applied
2. We would ask that the applicant provide us with an appointment of agent form for our files, however this is not required for filing.