Industrial design application & prosecution

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A “proprietor” of a design may apply to register the design to obtain a monopoly in the design in Canada for up to ten years from the date of registration. The application for registration of the design must be actually filed at the Industrial Design Office within one year from any public disclosure in Canada. A “proprietor” is the person who owns the design. If a design is made by an employee in the course of his or her employment, the employer may be the “proprietor”.

An application must include a description in words of the design as well as special drawings of the design. The Industrial Design Office examines the application as to formalities and to determine whether its records reveal any similar designs previously shown in the literature. It may reject the application or require changes. Any rejection or changes requested should be discussed with your lawyer or agent. Once registered, a design may be challenged in a Canadian Court by any interested person; therefore care should be taken to ensure that the design is different from previous designs and accurately described and drawn in the registration.