Practice notice: Timing of search to assess the originality of an industrial design application where there is a priority claim

January 16, 2017

Previously, for any industrial design applications, the search for prior art was conducted no earlier than six months from the Canadian filing date.

Effective immediately, the search for prior art will be conducted as early as six months from the date of priority, in the case where the applicant voluntarily submits a certified copy of the foreign application on which the priority claim is based, and that document supports the priority claim.

This practice notice is intended to provide guidance on current Industrial Design Office practice but is not binding on the Office. In the event of any inconsistency between the Industrial Design Office Practices guide and this practice notice, the notice is to be followed. In the event of any inconsistency between the practice notice and the applicable legislation, the legislation must be followed.

A fact sheet providing an overview of the changes is also available.

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