IP roadmap – Your path to industrial design registration – Direct filing with the Canadian Intellectual Property Office
From: Canadian Intellectual Property Office
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This roadmap shows you steps of filing your application directly with the Industrial Design Office of CIPO.
To file with Canadian Intellectual Property Office (CIPO), your application must include:
- your name and postal address
- the name of the finished article to which the design is applied
- a representation of the design (reproductions or photographs)
- the required examination fee
- the name and address of your agent, if one is appointed
- a descriptive or limiting statement, if required
- an indication of a divisional, if applicable
- a priority claim, if applicable
2 – Verification
Your application will be verified to ensure that it complies with the filing requirements. If these requirements are not met, CIPO will send you an omission notice.
3 – Establishment of the filing date
If the application meets the filing requirements, your application's filing date will be established and CIPO will send you a notice of filing.
4 – Classification
CIPO will classify the design in your application according to the Canadian Classification Standard for Industrial Designs. Classifying the design will allow CIPO to conduct a novelty assessment of the design.
5 – Examination: formal and substantive requirements
An industrial design examiner will review your application to ensure that it complies with the formal and substantive requirements set out in the Industrial Design Act and the Industrial Design Regulations. This includes a search of prior art to assess the novelty of your design.
6 – Examination report
If the application does not comply with the Act and the Regulations, CIPO will issue an examination report outlining the objections to registration and required amendments, if any.
7 – Response
You can respond to the examination report. You can choose to: argue against the objection; amend; withdraw; or, abandon your application.
8 – Allowance
Once your application is allowed, your design will be registered.
If your amendments or arguments fail to overcome the objections outlined in the examination reports, CIPO will issue a notice of possible refusal.
You have 3 months from the date on the notice of possible refusal to request a review of the application by the Patent Appeal Board. If no response is received, your application will be considered for refusal.
If your application is refused, you may appeal to the Federal Court of Canada within 30 days.
9 – Registration
Upon registration, you will receive:
- a notice of registration
- a copy of the application, including all representations of the design(s)
- a registration details report that summarizes information relevant to the registration
- a notice to proprietors regarding the maintenance of the exclusive right
10 – Maintaining your exclusive right
You must pay the maintenance fee within 5 years from the date of registration in order to keep the exclusive right to your design for up to 15 years.
If you miss the 5-year deadline, you can maintain your exclusive right by submitting a late payment fee in addition to the prescribed maintenance fee before 6 months have passed from the original 5-year deadline.
Certain fees for industrial design are adjusted every year on the first of January. Consult the updated fee amount on CIPO's website: www.cipo.ic.gc.ca/id
For details, please visit our guide to industrial designs.
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