By contrast with patents that protect generally functional aspects of an invention, Industrial Designs protect the appearance of a finished article.

A finished article is one which is made by hand, tool or machine.

Industrial design protection applies to features of a finished article such as shape, configuration, pattern or ornament of an article or any combination thereof.

The shape of the Coca-Cola® bottle and fabric patterns are typical of what features may be protected.

What subject matter is NOT registrable?

Features applied to a useful article that are dictated solely by a utilitarian function of the article are not registrable.

In addition, any method or principle of manufacturing or construction is not registrable.

What are the requirements for Industrial Designs?

To be registrable, an Industrial Design must have originality. The test is whether the features appeal to the eye. This is obviously a very subjective test.

Who can assist me with my Industrial Design application?

In Canada, there are two main groups practising in this field - patent agents, and lawyers specializing in this area.

Patent agents are usually engineers and/or lawyers who have completed a set of examinations conducted by Industry Canada

Lawyers specializing in patents who are not patent agents do not usually file Industrial Design applications but advise on legal matters such as licencing, rendering legal opinions and taking legal proceedings before the courts.

Industry Canada and the Patent and Trademark Institute of Canada maintain a list of all firms and individuals who are registered to practice as patent agents. In addition many of these firms advertise under the 'Patent Agents - Registered"' section of the Yellow Pages.

Where should I apply for Industrial Design application?

Industrial Designs are national in scope. This means that you must usually file a separate application for each country in which you wish to seek protection.

Normally, Canadian clients file their first Industrial Design application in Canada or the U.S.A. and consider filing additional applications within the convention priority period described below. If you do consider filing your own Industrial Design application in Canada without the assistance of a patent agent, you should contact one within the convention priority period to review your options to protect your invention in additional countries.

Corresponding applications can be filed in other countries and this decision is made upon a number of factors including where potential markets or competitors are located, and the costs involved. Our firm files Industrial Design applications for our Canadian clients world-wide through our network of associates.

What is convention priority?

Canada is a signatory to a number of international agreements which state that a national of one country, individual or company, who has filed an application in his home country may then file a corresponding application in Canada and claim their original foreign filing date as their Canadian filing date. In return, Canadians receive the same benefits.

This means that for Industrial Designs you can file your Canadian application today and will be granted six months in which to file a corresponding application in a foreign country and use today's date as the date of your foreign application.

How much will my application cost?

For Industrial Designs the Canadian Government fees are as follows: Registration fee $400.00; and Renewal fee $400.00.

The professional fees charged by patent agent firms vary depending upon the complexity of the invention or design. You should discuss the question of fees with your patent agent.

Who may file an Industrial Design application?

The proprietor of the design may apply for Industrial Design protection.

Are there any time limits for filing in Canada?

Your Industrial Design application must be filed within one year of the first publication of your design in Canada or elsewhere.

What do I put in my Industrial Design application?

The application identifies the name and address of the proprietor, a description of the design, and drawing(s) or photograph(s) of the design.

What happens after my Industrial Design application is filed?

Once your application is filed together with the registration fee the Government will acknowledge receipt of your application by sending you a filing certificate. This is an acknowledgement of receipt of your application and will tell you your application number. You need to include that number on all your correspondence with the office.

When will my application be examined?

An industrial design application is automatically examined.

The examiner will check to see if there are any registered designs that are so close to your design as to lead to confusion. If he finds any such designs, or considers that there are any defects in your application, he will issue an Examiner's Report.

You then reply to the Examiner's Report in an effort to overcome the objections.

If successful, you obtain a registered Industrial Design certificate.

What is the term of protection for Industrial Designs?

For industrial designs, the term of protection is ten years from the registration date.

What rights will I have once my Industrial Design is registered?

The proprietor has exclusive right to apply the design to an article for purposes of importation, rent or sale.

What are maintenance fees?

Maintenance fees are fees paid to the Canadian government to maintain your Industrial Design registration. For industrial designs, a single maintenance fee is payable at the fifth year anniversary of the registration date.

What should I mark on my product to indicate that I have applied an Industrial Design?

While your industrial design application is pending, you can put the phrase DESIGN APPLICATION PENDING on your product. This phrase has no legal significance but may serve to warn those who might consider copying your product that you are serious about protecting your idea.

Once your Industrial Design is registered, you should mark your product with a capital letter D in a circle together with the proprietors name or abbreviation thereof.