IP roadmap – Your path to industrial design registration
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1 – Filing (applicant)
You can start the application process by filing your application with the Canadian Intellectual Property Office (CIPO).
An application must include:
- Your name and address
- Name and address of agent, if applicable
- Title identifying the finished article
- Description identifying features that constitute the design
- Drawings or photographs
2 – Verification (CIPO)
CIPO verifies your application to make sure it complies with filing requirements. If these requirements are not met a notice of omission will be sent.
3 – Filing date issued (CIPO)
If the application meets the filing requirements, CIPO will give your application a filing date and a filing certificate will be sent.
4 – Classification (CIPO)
CIPO will classify the designs in your application according to the Canadian Industrial Design Classification Standard.
5 – Examination: Checking for compliance and originality (CIPO)
An industrial design examiner will review your application to ensure it complies with the Industrial Design Act and Industrial Design Regulations and search through relevant published art to ensure that your industrial design is original.
6 – Examiner's report (CIPO)
A first action, either allowance or a first report, will be provided within 8 months of the filing date.
If the application does not comply with the Industrial Design Act and Industrial Design Regulations or if the design is not original, CIPO will issue an examiner's report outlining objections and required amendments.
7 – Response (applicant)
You will have a chance to respond to the examiner's concerns. You can choose to: argue against the objection; make changes; withdraw; or, abandon your application.
8a – Allowance (CIPO)
Once your application is allowed, your design will be registered.
8b – Objection maintained (CIPO)
If your amendments or arguments fail to overcome the objections, CIPO will issue a notice of possible refusal.
You have 3 months to request a review of the file by the Patent Appeal Board. If no response is received, your application may be refused.
9 – Registration (applicant)
Upon registration you will receive:
- Registration certificate
- Copy of the application
- Covering sheet summarizing the information about the design
- Copy of the drawings
- Notice explaining the requirements for maintenance of the registration
10 – Maintaining your industrial design registration (applicant)
- Maintenance fee: $350
- Late payment fee: $50
You may pay the maintenance fee within 5 years from the date of registration in order to keep the registration protected for 10 years.
If you miss the 5-year deadline, you can maintain protection by submitting a late payment fee in addition to the prescribed maintenance fee before 6 months have passed from the original 5-year deadline.
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