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Industrial Design Applications
IMPORTANT: Only arbitrary features of shape or configuration may be protected. It is not possible to protect purely functional features.
1. Items Needed to Obtain a Filing Date
1. Drawings or photographs of design (may be informal).
2. Title of design.
3. Written description of design. (We can prepare this upon receipt of your instructions.)
4. Name and address of the original proprietor - see paragraph 4 below on who is the "proprietor".
To obtain a filing date, we can prepare a written description of the design based on our inspection of the drawings or photographs. The description can be amended later as required. A statement of the novel and original features of the design would assist us in drafting a written description. A filing date can be obtained without the necessity for the applicant to sign any application papers.
2. Formal Drawings and Photographs
The formal drawings or photographs must show the article to which the design is applied. Formal drawings and photographs must be at least 21cm x 28cm (8" x 11"), but not more than 22cm x 35cm (8 ½" x 14"). A 2.5cm (one inch) space must be left at the top and left-hand margins of each drawing. The Industrial Design Office prefers to receive two copies of each drawing or photograph provided, and we require a file copy. We can prepare formal drawings from good prints.
3. Applicant - Proprietor
The applicant must be the original "proprietor" of the design or the proprietor by assignment. The proprietor is the author of the design, unless the author created the design for another person for good and valuable consideration (e.g. under a contract of employment), in which case such other person is the original proprietor. If the rights to the design have passed from the original proprietor to another person, such other person should be designated as the applicant.
4. Assignment
An assignment from the author to the original proprietor (assuming that the original proprietor is not the author -see discussion above) is not required. An assignment in favour of a subsequent assignee should be registered. An assignment may be dated earlier than the date of registration.
5. Convention Priority
Convention priority may be claimed if the Canadian application is filed within six months of the first-filed Convention application.
6. Statutory Bar - Publication: Time Limit for Filing Application
An application for registration of an industrial design must be filed within one year of the first publication, or display in public, or sale or offering for sale, anywhere in the world, of the design or of articles or photographs displaying, bearing or embodying the design.
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