Industrial Designs

• What is an industrial design?

  An industrial design includes features of shape, configuration, pattern or ornament (or any combination thereof) applied to a finished article.

• Why obtain a registration for an industrial design?

  There is no protection without registration. An application must be filed within 12 months of the first publication of the article otherwise no protection can be obtained.

• Who can register an industrial design?

  The designer of a model or pattern intended to be reproduced in 50 or more manufactured articles, can protect it by registering an industrial design.

• How long does the registration last?

  Obtaining registration for an industrial design will give exclusive rights for a period of ten years from the date of registration, subject to payment of a fee at the end of the first five years.

• Criteria for obtaining a registration for an industrial design?

  An industrial design registration will issue to protect original features of shape, configuration, pattern or ornament applied to a finished product to be manufactured in 50 or more articles. In addition, protection cannot apply to the following elements:

  • a manufacturing process;
  • functional features of an article;
  • a principle of construction, or how an article is built;
  • the materials used in the construction of an article;
  • colour per se;
  • ideas.
• What are the steps of industrial design registration?
  • the preliminary search;
  • the filing of an application;
  • the examination of the application by the Industrial Design Office;
  • the delivery of the registration certificate.
• Does registration in Canada protect the owner’s rights in other countries?

  No. Protection in other countries must be requested separately.