CIPO

Industrial Design Office Practice Manual

Version of November 22, 2019

In force since November 5, 2018

Industrial Design Office Practice Manual  1

Foreword  11

Document overview  11

Part 1 – Practices applicable to all applications and registrations  12

Chapter 1 – Administration  12

Section 1 – Communications with the Industrial Design Office  12

1.01 – Address for correspondence  12

1.02 – List of designated establishments  12

1.03 – Registered Mail™ and Xpresspost™ services of Canada Post  13

1.04 – Electronic mediums  14

1.05 – Electronic communications to the Industrial Design Office  14

1.05.01 – Online services  14

1.05.02 – Electronic file formats  14

1.05.03 – Facsimile  15

1.06 – Electronic communications from the Industrial Design Office  15

1.06.01 – Specifying a preferred method for receiving communications  15

1.06.02 – CIPO’s E-Mailbox application for industrial designs  16

1.06.02.01 – Configuring access and permissions for user accounts  16

1.06.02.02 – First time set-up  16

1.07 – Deadlines extended  17

1.08 – Communications with the Industrial Design Office  18

1.09 – Communications from a third party  18

1.10 – Material not in English or French  18

Section 2 – Agents and representation  19

2.01 – Appointment of agent  19

2.01.01 – Requirements  19

2.01.02 – Exceptions  19

2.01.03 – Effective date  19

2.02 – Revocation and change of agent  19

2.02.01 – Request for revocation  20

2.02.02 – Effective date  20

Section 3 – Transfers  20

3.01 – Non-application to Hague applications or registrations  20

3.02 – Request for recordal or registration of a transfer  20

3.02.01 – Mergers  20

3.03 – Evidence of a transfer  21

3.04 – Removal of a recordal or registration of a transfer  21

Section 4 – Licenses and security agreements, change of name or address  21

4.01 – Licenses and security agreements  21

4.02 – Change of name or address  21

Section 5 – Fees  22

5.01 – Annual adjustment  22

5.02 – List of fees  22

5.03 – Payment  24

5.04 – Refunds  25

Section 6 – Access to applications and related documents  25

6.01 – Access to applications  25

6.02 – Copies of documents  25

6.02.01 – Ordering copies from the Client Service Centre  25

6.02.02 – Application made available on WIPO’s Digital Access Service  25

6.03 – Exception for Hague applications or registrations  26

Chapter 2 – Application procedures and requirements  26

Section 7 – Filing date of an application  26

7.01 – General  26

7.02 – Divisional applications  27

7.03 – Hague applications  27

Section 8 – Application content and requirements  27

8.01 – General  27

8.02 – Form requirements  27

8.03 – Information and fee required  28

8.04 – One design or variants per application  28

8.04.01 – Variants  28

8.04.02 – Set  29

8.05 – Representation requirements  30

8.05.01 – Specific requirements for photographs and reproductions  30

8.05.02 – Fully disclose the design  31

8.05.03 – Quality  32

8.05.03.01– Insufficient quality of reproductions  32

8.05.03.02 – Use of background  33

8.05.03.03 – Shadow  34

8.05.04 – Combination of photographs and reproductions  35

8.05.05 – Drawing techniques  36

8.05.05.01 – Shading  36

8.05.05.02 – Transparency and translucency  37

8.05.05.03 – Indefinite length and/or width and variable length in a portion of the article  38

8.05.05.04 – Articles of indefinite length or width with a constant cross-section  39

8.05.05.05 – Articles of indefinite length or width with a repeating surface pattern  40

8.05.05.06 – Articles of indefinite length or width with repeating 3D features  41

8.05.05.07 – Articles of indefinite length and width with a repeating surface pattern  42

8.05.05.08 – Articles of variable length in a portion  42

8.05.05.09 – Variable length in a portion that has repeating surface pattern  43

8.05.05.10 – Variable length in a portion that has repeating 3D features  43

8.05.05.11 – Cross-sectional views  44

8.05.05.12 – Enlarged fragmentary or magnified view  45

8.05.05.13 – Environment views  46

8.05.05.14 – Contrasting tones  47

8.05.05.15 – Open and closed positions  48

8.05.05.16 – Extended/retracted views  48

8.05.05.17 – Exploded views  49

8.05.06 – Colour  50

8.05.07 – Electronic Icons  51

8.05.08 – Computer-generated animated designs  52

8.06 – Application deemed to relate to all features shown  53

8.06.01 – Statement of limitation  53

8.06.02 – Design applied to part of the article  54

8.06.02.01 – Statement to limit the design to part of the article  54

8.06.02.02 – Dotted or broken lines to limit the design to part of the article  55

8.06.02.03 – Colouring to limit the design to part of the article  56

8.06.02.04 – Blurring to limit the design to part of the article  57

8.06.02.05 – Boundary line to limit the design to part of the article  57

8.06.03 – Optional descriptive statement  58

8.07 – Priority  59

8.07.01 – Request for priority  59

8.07.02 – Priority request requirements  59

8.07.02.01 – Deadline  60

8.07.02.02 – Countries  60

8.07.03 – Withdrawal of a request for priority  60

8.07.04 – Impact on the date on which an application is made available to the public  60

8.07.05 – Correction to a request for priority  61

8.07.06 – Exceptions  61

8.07.07 – Non-application to Hague applications  61

8.07.08 – Request for priority documents  61

8.07.08.01 – WIPO’s Digital Access Service  61

8.07.08.02 – Translation  62

8.07.08.03 – Consequence for non-compliance  62

8.07.09 – Search based on priority  62

8.08 – Divisional applications  63

8.08.01 – Divisional applications  63

8.08.02 – Requirements  63

8.08.03 – Deadline to file a divisional  64

8.08.03.01 – Exception  64

8.08.04 – Deemed actions in relation to request for priority  64

Section 9 – Classification  64

9.01 – New classification system  64

Section 10 – Advanced examination  65

10.01 – Request and fee  65

Section 11 – Delay of registration  65

11.01 – Request and fee  65

11.02 – Timing of request  66

11.03 – Withdrawal of a delay of registration  66

Section 12 – Withdrawing an application  66

12.01 – Request  66

12.02 – Impact on the date on which the application is made available to the public  66

Chapter 3 – Examination  67

Section 13 – Industrial design subject matter  67

13.01 – General  67

13.02 – Registrable subject matter  67

13.02.01 – “Features of shape, configuration, pattern or ornament”  67

13.02.02 – “and any combination of those features”  68

13.02.03 – “in a finished article”  68

13.02.03.01 – Definition of “finished article”  68

13.02.03.02 – Name generally known and understood by the consumer  68

13.02.03.03 – Component parts of an article  68

13.02.04 – “appeal to and are judged solely by the eye”  68

13.03 – Unregistrable subject matter  69

13.03.01 – Solely Functional Designs  69

13.03.02 – Design contrary to public morality or order  69

Section 14 – Examiner reports  70

14.01 – Reports  70

14.01.01 – Response time and extension of time  70

14.01.02 – Examination - Relevant Applications  71

14.01.02.01 – Applications that cannot be disclosed  71

14.01.02.02 – If assessment of priority claim is necessary for novelty  71

Section 15 – Abandonment and reinstatement  71

15.01 – Abandonment  71

15.02 – Reinstatement  71

Section 16 – Novelty assessment  72

16.01 – Guiding principles  72

16.01.01 – Novel design  72

16.01.02 – Priority date of the design  72

16.01.03 – Features of the design  72

16.01.04 – Relevant prior art  72

16.01.04.01 – Exclusions from prior art  73

16.01.05 – Comparison of the prior art with the applied for design  73

16.02 – Search based on date of priority  74

16.02.01 – Language requirements  74

16.02.02 – A supported priority claim  75

Section 17 – Amendments to an application  75

17.01 – General rule  75

17.02 – Limitations on amendments  75

17.02.01 – Modify the identity of the applicant  75

17.02.02 – Add a representation of a design  75

17.02.03 – Change a design or a statement  75

17.02.04 – Add an indication of divisional application  75

17.02.05 – Change to a substantially different name of the finished article after the application is made available to the public  76

17.03 – Clerical errors  76

Section 18 – Refusal, review and appeal  76

18.01 – Notice of Possible Refusal and the refusal  76

18.02 – Review by the Patent Appeal Board  76

18.03 – Appeal of a refusal  76

18.03.01 – National applications  76

18.03.02 – Hague applications  77

Chapter 4 – Registration and publication  77

Section 19 – Registration and exclusive right  77

19.01 – General information  77

19.02 – Duration of exclusive right  77

19.02.01 – Duration: National registrations  77

19.02.02 – Duration: Hague registrations  77

19.03 – Delay of registration  77

19.03.01 – Non-application to Hague applications  78

19.04 – The Register of Industrial Designs  78

19.04.01 – Hague registrations  78

19.05 – Correction to a registration  78

19.06 – Expungement and invalidation  78

19.06.01 – Non-application to Hague registrations  78

Section 20 – Applications and information made available to the public  79

20.01 – Prescribed date for making the application available to the public  79

20.01.01 – Applications made available to the public  79

20.01.02 – Documents relating to multiple applications  79

20.01.03 – Non-application to Hague applications  79

20.01.04 – Withdrawn applications  79

20.02 – Changes made to the date of priority  79

20.03 – Canadian Industrial Designs Database  80

20.03.01 – Applications made available online  80

20.03.02 – Weekly update  80

20.03.03 – Hague Express database  80

Section 21 – Maintenance of exclusive right  80

21.01 – General information  80

21.01.01 – Payment of the maintenance fee  80

21.01.02 – Late maintenance  80

21.02 – Non-application to Hague registrations  81

Part 2 – Practices in respect of Hague applications and registrations  81

Chapter 5 – Filing an international application and designating Canada  81

Section 22 – Entitlement to file  81

22.01 – Eligible Hague System users  81

22.02 – Eligible designated countries  81

Section 23 – How to file an international application  81

23.01 – Filing with WIPO  81

23.02 – Examination of formalities  82

Section 24 – The International Register and Bulletin  82

24.01 – Publication of international registrations  82

24.02 – Copies of Hague applications and registrations  82

Chapter 6 – Examination and registration of Hague Applications  83

Section 25 – Hague Applications  83

25.01 – International registration deemed to be a Hague application  83

25.02 – Filing date of a Hague application  83

25.03 – Holder  83

Section 26 – Notification of Refusal  83

26.01 – Examination report through a Notification of Refusal  83

26.01.01 – Objection in relation to Class 32  84

26.02 – Time period for the Industrial Design Office to issue a Notification of Refusal  84

26.03 – Response to a Notification of Refusal  84

26.03.01 – Refusal maintained  84

26.03.02 – Objection overcome  85

Section 27 – Appeal  85

27.01 – Appeal to the Federal Court  85

Section 28 – Hague registration  85

28.01 – Statement of grant of protection  85

28.02 – Term of protection  85

Section 29 – Invalidation  86

29.01 – Jurisdiction of the Federal Court  86

Chapter 7 – Other information pertaining to Hague applications or registrations  86

Section 30 – Request for priority  86

30.01 – Request made through the International Bureau  86

30.02 – Correction of a request for priority  86

30.03 – Withdrawal of a request for priority  86

Section 31 – Transfer of an international registration  87

31.01 – Request for transfer  87

31.02 – Attestation  87

Section 32 – Corrections  87

32.01 – Correction by the International Bureau  87

32.02 – Refusal of the correction  87

Section 33 – Maintenance of a Hague registration  88

33.01 – Request for maintenance  88

33.02 – Fees for renewal  88

33.03 – Renewal period  88

33.03.01 – Renewal request and payment  88

33.03.02 – Late renewal  88

Part 3 – Transitional measures  89

Chapter 8 – Transitional provisions: Act  89

Section 34 – Applicability of the Act to applications with a filing date before the coming into force  89

34.01 – Former Act applicable  89

34.01.01 – Duration of exclusive right  89

34.02 – Exceptions  89

34.02.01 – Section 5: examination  89

34.02.02 – Section 13: assignments and transfers  90

34.02.03 – Section 20: clerical errors  90

34.02.04 – Section 21: time period extended  90

34.02.05 – Section 24.1: electronic form and means  90

Section 35 – Applications without a filing date  91

35.01 – Cannot establish filing date  91

Section 36 – Applicability of the former Act to registered designs  91

36.01 – Applicable sections of the former Act  91

36.02 – Exceptions  91

36.02.01 – Section 3: Register of Industrial Design  91

36.02.02 – Section 13: assignments and transfers  91

36.02.03 – Section 20: clerical errors  92

36.02.04 – Section 21: extension of time  92

36.02.05 – Section 24.1: electronic form and means  92

Chapter 9 – Transitional provisions: Regulations  93

Section 37 – Applicability of the Regulations to applications with a filing date before the coming into force of the Act and designs registered on the basis of such applications  93

37.01 – Current Regulations applicable  93

37.02 – Exceptions  93

37.02.01 – Communications  93

37.02.02 – Applications  93

37.02.03 – Filing date  95

37.02.04 – Examination  95

37.02.04.01 – Delay of registrations and associations  95

37.02.05 – Amendments  96

37.02.06 – Priority  96

37.02.07 – Exclusion from prior art  97

37.02.08 – Applications made available to the public  98

37.02.09 – Maintenance and term of protection  98

ANNEX A: Matters specified by the Commissioner of Patents under the Industrial Design Act and Industrial Design Regulations  99

ANNEX B: Revision history  102


 


Blue exclamation mark  Update notice

The IDOP Manual was last updated on November 22, 2019. To learn more about the changes, please consult Annex B of the Manual.

Foreword

The Industrial Design Office Practice Manual (IDOP) provides information on the operational procedures and examination practices of the Industrial Design Branch, commonly referred to as the Industrial Design Office of the Canadian Intellectual Property Office (CIPO).

Practices expressed in the IDOP reflect the Industrial Design Office’s interpretation of the Industrial Design Act [1] (the Act or IDA), the Industrial Design Regulations [2] (the Regulations or IDR) and jurisprudence as of the date of the last update. While this Manual provides information on current office practice, it is not binding on the Industrial Design Office. In the event of any inconsistency between the IDOP Manual and the applicable legislation, the legislation must be followed.

This Manual replaces the IDOP Guide dated May 2, 2017, and has been updated to reflect changes to the Act and the Regulations, which came into force on November 5, 2018. The IDOP Manual will be updated periodically to reflect changes to the statutory, regulatory and jurisprudential framework governing industrial design rights in Canada. For information on the change history, please consult Annex B of this Manual.

Document overview

Many of the practices outlined in this Manual were developed to support Canada’s accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs [3] (the Hague Agreement), which establishes an international registration system – the Hague System – that allows industrial designs to be registered in multiple countries or jurisdictions through a single streamlined process. Other provisions have been introduced to modernize Canada’s industrial design regime by updating, clarifying and codifying aspects of the industrial design framework.

The IDOP is structured in three parts:

Part 1 – Practices applicable to all applications and registrations

Chapter 1 – Administration

Section 1 – Communications with the Industrial Design Office

1.01 – Address for correspondence

Mail intended for the Industrial Design Office must be addressed to:

Industrial Design Office

Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, Room C-114
Gatineau QC K1A 0C9

Documents, information or fees delivered to the above address are deemed to have been received on the actual date of their delivery if they are delivered when CIPO is open to the public (8:30 a.m. to 4:30 p.m. (Eastern Time) Monday to Friday).

Documents, information or fees delivered at a time when CIPO is closed to the public will be deemed to have been received on the day on which CIPO is next open to the public. Please be advised that once CIPO receives correspondence it cannot be returned to the sender, even if the sender states that the correspondence was sent in error. All material must be addressed to the “Industrial Design Office” and enclosed in a sealed envelope.

1.02 – List of designated establishments

CIPO will accept physical delivery of documents, information or fees, at designated establishments. All material must be addressed to the “Industrial Design Office” and enclosed in a sealed envelope. The following establishments are designated:

Innovation, Science and Economic Development Canada

C.D. Howe Building

235 Queen Street, Room S-143

Ottawa ON K1A 0H5

Tel.: 343-291-3436

8:30 a.m. to 4:30 p.m. (local time) Monday to Friday

Innovation, Science and Economic Development Canada

Sun Life Building

1155 Metcalfe Street, Room 950

Montreal QC H3B 2V6

Tel.: 514-496-1797

Toll-free: 1-888-237-3037

8:30 a.m. to 4:30 p.m. (local time) Monday to Friday

Innovation, Science and Economic Development Canada

151 Yonge Street, 4th Floor

Toronto ON M5C 2W7

Tel.: 416-973-5000

8:30 a.m. to 4:30 p.m. (local time) Monday to Friday

Innovation, Science and Economic Development Canada

Canada Place

9700 Jasper Avenue, Suite 725

Edmonton AB T5J 4C3

Tel.: 780-495-4782

Toll-free: 1-800-461-2646

8:30 a.m. to 4:30 p.m. (local time) Monday to Friday

Innovation, Science and Economic Development Canada

Library Square

300 West Georgia Street, Suite 2000

Vancouver BC V6B 6E1

Tel.: 604-666-5000

8:30 a.m. to 4:30 p.m. (local time) Monday to Friday

Documents, information or fees delivered to a designated establishment on a day when CIPO is open to the public will be deemed to be received on the day on which they are delivered to that designated establishment. If CIPO is closed to the public, documents, information or fees will be deemed to be received on the day on which CIPO is next open to the public. For example, if correspondence intended for the Industrial Design Office is delivered to the designated establishment in Toronto on June 24, it will not be considered to be received on June 24 as CIPO is closed on that day (St-Jean-Baptiste Holiday in Quebec). It will be considered received on the day on which CIPO is next open to the public.

1.03 – Registered Mail™ and Xpresspost™ services of Canada Post

The Registered Mail™ and Xpresspost™ services of Canada Post are designated establishments to which documents, information or fees intended for the Industrial Design Office may be delivered.

CIPO considers that documents, information or fees delivered through these services are received on the day indicated on the mailing receipt from Canada Post, provided that CIPO is open to the public on that day. If CIPO is closed to the public on that day, the documents, information or fees will be deemed to be received on the day when CIPO is next open to the public.

1.04 – Electronic mediums

Documents, information or fees may be submitted by physical delivery of an electronic medium directly to CIPO or to a designated establishment. These documents, information or fees will be deemed to have been received on the day on which they are delivered, as described in sections 1.01, 1.02 or 1.03 of this Manual, as applicable.

All electronic mediums must be free of worms, viruses or other malicious content. Files with malicious content will be deleted.

The Industrial Design Office will accept the following types of electronic mediums: CD-ROM, CD-R, DVD, DVD-R, and USB stick. See section 1.05.02 of this Manual for information on the acceptable electronic file formats.

1.05 – Electronic communications to the Industrial Design Office

Documents, information or fees may be sent by using the online services identified below or by facsimile. Documents, information or fees submitted by these electronic means are deemed to have been received on the day on which CIPO receives them (Eastern Time). Accordingly, the filing date of an application filed using online services or facsimile will be the date on which all required information was received by CIPO whether it is open to the public or not.

1.05.01 – Online services

Communications may be sent via CIPO’s website by accessing the following web pages:

1.05.02 – Electronic file formats

The acceptable file formats for documents submitted electronically via the website are WPD, DOC, DOCX and PDF.

The acceptable file formats for the representation of a design are PDF, JPEG, TIFF, and GIF. The file size limit is of 60 MB for PDF and 10 MB for the other file formats. Dimensions of the scanned/stored images must match those of the paper requirements, namely 21.59 cm by 27.94 cm (8.5 in by 11 in) and be of a resolution of at least 300 dpi. Any representation of a design not meeting minimal requirements will be automatically converted.

1.05.03 – Facsimile

Communications in black and white may be sent by facsimile to the following numbers:

Communications in colour must be sent to the following number:

Note that the model of facsimile is a Xerox C505/X and that this information may be needed to ensure a successful colour transmission.

Communications sent to any other number will be considered not to have been received by CIPO. The facsimile electronic transmission report will constitute acknowledgment of receipt from CIPO.  

Please note that confidentiality of the facsimile transmission process cannot be guaranteed and that CIPO strongly discourages the use of a computer facsimile interface or internet-based facsimile services due to technical issues with reception.

If there is a fee associated with the communication, the preferred method of payment must be prominently displayed on the Fee Payment Form to ensure expedient processing.

1.06 – Electronic communications from the Industrial Design Office

Communications from the Industrial Design Office may be made available electronically through CIPO’s E-Mailbox application for industrial designs. E-Mailbox allows applicants to access communications quickly and efficiently via an online platform, providing an alternative to paper-based correspondence. Access rights to electronic communications, including granting access to other users, can be managed through the new CIPO’s E-Access application for industrial designs.

1.06.01 – Specifying a preferred method for receiving communications

The applicant may specify a preferred method for receiving communications from the Industrial Design Office, either paper or electronic. This can be done in a cover letter accompanying the application or, if filed online, by selecting a preferred method of correspondence in the appropriate section of CIPO’s Industrial Design E-Filing application.

If paper correspondence is preferred, the applicant will receive communications from the Industrial Design Office on paper. When the Industrial Design Office receives a paper application, it will also continue to communicate by paper unless the application clearly indicates a preference for communications to be made available electronically.

If electronic correspondence is preferred, communications will be made available electronically on CIPO’s E-Mailbox application for industrial designs. Please note that an email address is required to use this service.

Should the applicant wish to change its preferred method for receiving communications, this can be done by informing the Industrial Design Office in writing or through the Industrial Design General Correspondence application.

1.06.02 – CIPO’s E-Mailbox application for industrial designs

Should the applicant indicate that electronic correspondence is preferred; communications will be made available electronically on CIPO’s E-Mailbox application for industrial designs.

Any communication made available by the Industrial Design Office to the applicant using CIPO’s E-Mailbox application will be deemed to have been sent to the applicant. The Industrial Design Office will use the E-Mailbox application only if the applicant has consented to receiving communications by that means.

Once a communication has been made available by the Industrial Design Office on the E-Mailbox application, the applicant will be notified of that fact via an email sent to the email address of record.

Please note that the applicant cannot use the E-Mailbox application to respond to communications from the Industrial Design Office. At this time, any communication to the Industrial Design Office must be made by paper, through the online services identified in section 1.05.01 of this Manual or by facsimile. CIPO is currently developing an Industrial Design E-Amendment application which is set to release later in 2019.

1.06.02.01 – Configuring access and permissions for user accounts

To maintain the confidentiality of industrial design applications and to ensure only authorized individuals are able to access communications in the E-Mailbox, access and permissions must be configured for each user account.

Access and permissions can be managed using CIPO’s E-Access application for industrial designs. Through E-Access, a user is authenticated and can grant or remove user access rights to the E-Mailbox.

1.06.02.02 – First time set-up

Once the Industrial Design Office receives an indication that electronic correspondence is preferred as described in section 1.06.01 of this Manual, the applicant will receive a Notification of Authorization, on paper, containing information which may be used to authenticate themselves using the E-Access application. This is a one-time process required to access the E-Mailbox application. Please note that applicants need to have a valid e-mail address and, an account with Innovation, Science and Economic Development Canada (ISED), known as a “My ISED Account”. If you do not already have a My ISED Account, you will need to create one.

An authenticated user will be able to manage permissions, and will have access to the E-Mailbox to retrieve view communications from the Industrial Design Office.

Note that law firms have a unique E-Mailbox for all their respective files, and access rights can be granted to different agents and staff using the E-Access application. A law firm with offices in multiple cities may choose to have a single E-Mailbox, or separate E-Mailboxes for each of its distinct locations. The first individual from a law firm to indicate that electronic correspondence is preferred will receive the Notification of Authorization and will be able to complete the first time set-up and grant access rights to other users from the firm.

Finally, note that an applicant who filed using CIPO’s Industrial Design E-Filing application and specified that electronic correspondence is preferred will be automatically granted access to communications pertaining to that application. Those communications will be made available on the E-Mailbox and can be accessed with the My ISED Account used at the time of filing without having to be first authenticated. If the applicant is represented, access will be granted to the law firm of the appointed agent.

1.07 – Deadlines extended

If a deadline ends on one of the following days or on a day that is designated by the Minister, that deadline will be extended to the next day on which CIPO is open:

Not all provincial and territorial holidays are days where deadlines will be extended. It is recommended that applicants be mindful of their specific local holidays and ensure that any response to the Industrial Design Office be filed as early as possible. If the time period to reply to a report is insufficient, the applicant may request an extension. See section 14.01.01of this Manual for more details on extension of time.

1.08 – Communications with the Industrial Design Office

A person doing business before the Industrial Design Office must provide their postal address.

Generally, applicants choose to appoint an agent to represent them. See section 2.01 of this Manual for more information on how to appoint an agent. If an agent has been appointed, the Industrial Design Office will send communications to that agent.

If no agent has been appointed, the Industrial Design Office will only communicate with the applicant. If desired, an applicant may provide an address for correspondence that is different from the applicant’s address.

If there is more than one applicant, the Industrial Design Office will communicate with the applicant authorized by the other applicant(s) to act as the address for correspondence. If an address for correspondence was not provided, the Industrial Design Office will communicate with the first applicant named in the application.

Any written communication in respect of an application must contain the name of the applicant and, if known, the application number.  Likewise, written communications in respect of a registered design must contain the name of the registered proprietor and the registration number.

All documents submitted to the Industrial Design Office must be clear, legible and permit direct reproduction. The Industrial Design Office may ask applicants to resubmit documents if they do not meet these requirements.

1.09 – Communications from a third party

Generally, the Industrial Design Office will not send correspondence to a third party concerning the prosecution of an application. Third party correspondence submitted to the Industrial Design Office with the apparent intent of protesting the registration of a design will be acknowledged and placed on file; no information will be provided to a third party as to the action taken by the Industrial Design Office. Note that this communication forms part of the file and will be made available to the public with the application or registration. For more information on the prescribed date on which an application will be made available to the public, see section 20.01 of this Manual.

1.10 – Material not in English or French

The Industrial Design Office will disregard any part of a document that is submitted in a language other than French or English with the exception of the representation of the design or a priority document. See section 8.07.08 of this Manual for more information on requests for priority documents.

Relevant provision(s): 24.1(1) IDA; 2, 4, 5(1) to (3), 6 to 11 IDR.

Section 2 – Agents and representation

2.01 – Appointment of agent

A person may represent themselves, or appoint an agent to represent them in business before the Industrial Design Office. If an agent is appointed, the applicant must be represented by that agent to prosecute their application. If an agent has been appointed, the Industrial Design Office will accept only instructions from that agent to avoid receiving different or conflicting instructions.

2.01.01 – Requirements

In order for an agent to be considered appointed, the Industrial Design Office must receive a notice of appointment that includes the name and postal address of the appointed agent. The applicant’s signed authorization to appoint an agent is not required.

The appointed agent should be identified clearly, either in the application itself or in a separate document. When the Industrial Design Office receives this information, it will send a confirmation of appointment to both the applicant and the appointed agent, except when the agent is appointed in the application at time of filing.

If the notice of appointment omits the required information, the Industrial Design Office will notify both the applicant and the requestor that the appointment is considered without effect.

2.01.02 – Exceptions

Although the Regulations generally stipulate that if an agent is appointed, the applicant must be represented by that agent to prosecute their application, exceptions exist where, notwithstanding the appointment of an agent, an applicant may represent themselves or be represented by an authorized person, to do any of the following:

2.01.03 – Effective date

The appointment of an agent is effective beginning on the day on which the Industrial Design Office receives the notice of appointment.

2.02 – Revocation and change of agent

The appointment of an agent may be revoked at any time by sending a notice to the Industrial Design Office.

2.02.01 – Request for revocation

The appointed agent may be changed by sending a notice of revocation of the former agent to the Industrial Design Office and a notice of appointment with the name and postal address of the newly appointed agent. The signature of the applicant is not required to revoke an agent.

When notice of the revocation is provided by the current agent, the applicant or the person authorized by the applicant, the Industrial Design Office will send a confirmation to the revoked agent and the applicant.

2.02.02 – Effective date

The revocation of an agent and the appointment of a new agent start on the day on which the Industrial Design Office receives the notice of revocation and the notice of appointment.

Relevant provision(s): 12(1) to (6) IDR.

Section 3 – Transfers

3.01 – Non-application to Hague applications or registrations

Specific rules apply to the transfer of Hague applications or registrations. These are outlined in section 31 of this Manual.

3.02 – Request for recordal or registration of a transfer

Every design, whether registered or unregistered is transferable, in whole or in part. The Industrial Design Office will record or register a transfer upon receipt of a written request that includes the name and postal address of the transferee and the required fee of $100 per application or registration. An applicant or any person authorized by them may make a request to record a transfer and pay the fee, whether there is an agent on file or not.

3.02.01 – Mergers

A merger usually results in a change in the identity of the applicant or registered proprietor. Consequently, a request to record a merger is generally treated as a request for transfer. The Industrial Design Office will record or register the merger upon receipt of a written request that includes the name and postal address of the new entity and the required fee of $100 per application or registration.

Additionally, unless submitted by the applicant or the registered proprietor, evidence of the merger is required. The Industrial Design Office will assess all evidence on a case-by-case basis and will contact the requestor if additional documentation or clarification is required.

If the merger does not result in a change to the identity of the applicant or the registered proprietor, please inform the Industrial Design Office when submitting your request. Additionally, a merger may also merely result in a change of name. In both cases, the accompanying $100 fee per application or registration is not required.

3.03 – Evidence of a transfer

Evidence of the transfer is required when a request to record or register a transfer is submitted by the transferee. The Industrial Design Office will assess all evidence on a case-by-case basis and will contact the requestor if additional documentation or clarification is required.

Evidence of the transfer is not required when a request to record or register a transfer is submitted by the applicant or the registered proprietor.

3.04 – Removal of a recordal or registration of a transfer

If the Industrial Design Office receives satisfactory evidence that the recordal or registration of a transfer should not have been made, it will remove the recording or registration of that transfer.

The Industrial Design Office is not authorized to remove the registration of a transfer on a registered design for the reason only that the transferor had previously transferred the registered design to another person.

Relevant provision(s): 13(1) to (6) IDA; 34 IDR.

Section 4 – Licenses and security agreements, change of name or address

4.01 – Licenses and security agreements

The Act and Regulations do not provide for the recordal of licenses and security agreements. However, any person may provide the Industrial Design Office with copies of a licence and/or a security agreement that relates to a registered design or an application for the registration of a design. The Industrial Design Office will keep these documents on file and make them available to the public to the extent that they relate to a registered design or an application that is available to the public. See section 20.01 of this Manual for more information on when applications and related documents are made available to the public.

A confirmation of receipt will be sent to the requestor.

4.02 – Change of name or address

The Industrial Design Office will register a change of name or address of a registered proprietor upon request.

If an applicant requests to change the name or address on their application, the Industrial Design Office will process this request as an amendment to the application.

In both cases, a change that alters the identity of a person is considered to be a transfer and not a change of name. See section 3.01 of this Manual for more information on transfers.

In the event that the wrong applicant was named in the application, the Industrial Design Office may substitute the applicant before registration if it is satisfied that the person was the proprietor when the application was filed.

Relevant provision(s): 4(2) IDA; 25(2)(a), 35 IDR.

Section 5 – Fees

As prescribed by the Regulations, the applicant must pay different fees during the industrial design registration process.

5.01 – Annual adjustment

The Service Fees Act (SFA) increases transparency, accountability and predictability regarding service fees. It also helps ensure that fees charged keep pace with inflation by prescribing an annual adjustment of fees based on the previous year’s percentage of change in the April All-items Consumer Price Index published by Statistics Canada. Accordingly, certain fees for industrial design services will be adjusted every year on the first of January.

On January 1, 2020, the fees for examination, maintenance, reinstatement and advanced examination will increase by 2.2% in accordance with the SFA. As a result, the amounts shown in the Tariff of Fees of the Regulations may not be up-to-date. To find out the exact amount required, please consult the list of fees available in section 5.02 of this Manual or on CIPO’s website.

5.02 – List of fees

Examination of an application

Basic fee

  • 2019 Fees ($CDN): $400.00

  • 2020 Fees ($CDN): $408.80

Additional fee, for each page of the representation in excess of 10 pages

  • 2019 Fees ($CDN): $10.00

  • 2020 Fees ($CDN): $10.22

Maintenance of the exclusive right

Fee for the maintenance of the exclusive right accorded by the registration of a design

  • 2019 Fees ($CDN): $350.00

  • 2020 Fees ($CDN): $357.70

Additional late fee for the maintenance of the exclusive right accorded by the registration of a design

  • 2019 Fees ($CDN): $50.00

  • 2020 Fees ($CDN): $50.00

Recording or registering a transfer

Fee for the recording or registering of a transfer, for each application or registration to which the transfer relates

  • 2019 Fees ($CDN): $100.00

  • 2020 Fees ($CDN): $100.00

Provision of copies

Provision of a paper copy of a document, for each page

If the user makes the copy using CIPO’s equipment

  • 2019 Fees ($CDN): $0.50

  • 2020 Fees ($CDN): $0.50

If CIPO makes the copy

  • 2019 Fees ($CDN): $1.00

  • 2020 Fees ($CDN): $1.00

Provision of an electronic copy of a document

For each request

  • 2019 Fees ($CDN): $10.00

  • 2020 Fees ($CDN): $10.00

For each application or registration to which the request relates

  • 2019 Fees ($CDN): $10.00

  • 2020 Fees ($CDN): $10.00

If the copy is requested on a physical medium, for each physical medium provided other than the first

  • 2019 Fees ($CDN): $10.00

  • 2020 Fees ($CDN): $10.00

Provision of certified copies

Provision of a certified paper copy of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules

For each certification

  • 2019 Fees ($CDN): $35.00

  • 2020 Fees ($CDN): $35.00

For each page

  • 2019 Fees ($CDN): $1.00

  • 2020 Fees ($CDN): $1.00

Provision of a certified electronic copy of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules

For each certification

  • 2019 Fees ($CDN): $35.00

  • 2020 Fees ($CDN): $35.00

For each application or registration to which the request relates

  • 2019 Fees ($CDN): $10.00

  • 2020 Fees ($CDN): $10.00

Reinstatement of an abandoned application

Fee for reinstating an abandoned application

  • 2019 Fees ($CDN): $200.00

  • 2020 Fees ($CDN): $204.40

Advanced examination

Fee for processing a request to advance the examination of an application

  • 2019 Fees ($CDN): $500.00

  • 2020 Fees ($CDN): $511.00

Delaying of registration

Fee for delaying the registration of a design

  • 2019 Fees ($CDN): $100.00

  • 2020 Fees ($CDN): $100.00

5.03 – Payment

The applicant or any person authorized by the applicant may pay fees, even when an agent is appointed.

For services that are subject to an annual adjustment, the amount to be paid depends on the date on which the payment is made, even if the request was originally made prior to the annual adjustment. For example, if an application is filed before January first but the examination fee is paid only after that date, the adjusted fee for the new year will be required.

For more information on the payment of fees, please refer to the practice notices entitled Fee Payment Practice of the Canadian Intellectual Property Office, and Fee Payment: General Authorization to Charge a Deficiency, dated June 8, 2009.

Please refer to our website for more information on the different methods of payment accepted by CIPO.

5.04 – Refunds

Upon written request, the Industrial Design Office will refund any amount paid in excess of the prescribed fee(s). A request for refund must be received by the Industrial Design Office no later than three years after the day on which the payment was made.

Except where provided otherwise by the Regulations, fees paid for a service for which there is no fee, or for a service that was not rendered, will be refunded by the Industrial Design Office. In those cases, a written request is not required.

Relevant provision(s): 12(4) and 38 IDR; 17(1) SFA; 20 FAA; 1 to 3 RRR.

Section 6 – Access to applications and related documents

6.01 – Access to applications

Industrial design applications are confidential until the prescribed date on which they are to be made available to the public. Please see section 20.01 of this Manual for details on determining the prescribed date.

Prior to being made available to the public, applications are available only to the applicant or the applicant's agent, unless the Industrial Design Office receives written authorization from the applicant or the applicant's agent allowing someone else to obtain them.

6.02 – Copies of documents

6.02.01 ­– Ordering copies from the Client Service Centre

Please contact the Client Service Centre to order copies of an application or registration. More information on the Client Service Centre’s products and services is found on the Client Service Centre web page.

You may also order copies of documents online through CIPO’s website.

6.02.02 – Application made available on WIPO’s Digital Access Service

An industrial design application can be made available to other Intellectual Property Offices (IPOs) through the World Intellectual Property Office (WIPO)’s Digital Access Service, an electronic digital library allowing priority documents to be securely exchanged between participating IPOs.

The Industrial Design Office will make available the application only upon written request. Such requests may be made either at the time of filing or subsequently. If the applicant chooses to make the request at the time of filing, it can be included in a cover letter for an application filed on paper, or in the Comments box of the Additional Services section for applications filed using CIPO’s Industrial Design E-Filing application. Alternatively, such request may also be made subsequently by sending a letter to the Industrial Design Office or by using CIPO’s Industrial Design General Correspondence application.

Once the application is made available on WIPO’s Digital Access Service, the Industrial Design Office will send to the applicant a notice of confirmation, indicating the access code which may be shared with a participating IPO.

Please note that all industrial design applications can be made available through WIPO’s Digital Access Service, regardless of when they were filed.

6.03 – Exception for Hague applications or registrations

For copies of Hague applications or registrations, please contact the WIPO International Bureau. See the Extract and Certified Copies section of the Hague Guide for Users for more information.

Copies of Canadian documentation in relation to Hague applications or registrations can be obtained by contacting the Client Service Centre.

Relevant provision(s): 32 IDR.

Chapter 2 – Application procedures and requirements

Section 7 – Filing date of an application

7.01 – General

The filing date of an application, other than for a divisional or a Hague application, is the day on which the Industrial Design Office receives all of the following:

The Industrial Design Office will issue a Notice of Filing after all of the above requirements are met. If these requirements are not met, the Industrial Design Office will notify and request that the applicant submit the missing information no later than two months after the date of the notice. No extension of time can be given. If the Industrial Design Office does not receive the missing information by the deadline indicated in the notice, the application will be deemed never to have been filed. Any fees paid will not be refunded.

7.02 – Divisional applications

The filing date of a divisional application is the same as that of the original application. Information on the Industrial Design Office’s practices relating to divisional applications is provided in section 8.08 of this Manual.

7.03 – Hague applications

The filing date of a Hague application is the date of registration of the corresponding international registration. More information on international registration and the filing date of a Hague application is provided in section 25 of this Manual.

Relevant provision(s): 4(3) IDA; 21(2) to (4), 41(1) and (2), 42(2) IDR.

Section 8 – Application content and requirements

8.01 – General

The use of a particular form is not required. The following table highlights key mandatory application requirements, as well as optional content that can be included in an application. These elements are explained below:

Mandatory content

Additional content where applicable

• Name and postal address of applicant;

• Name of the finished article;

• Representation of the design(s); and,

• Examination fee of $400, if paid in 2019, or $408.80, if paid in 2020.

• Address of the agent, if one is appointed (see section 2.01);

• Descriptive statement;

• Statement of limitation;

• Priority claim; and,

• Indication of divisional application

Relevant provision(s): 4(1)(a) to (c), 8.1 IDA; 12(6), 16, 17(2), 18, 20(3), 26(2), 31, 37 IDR.

8.02 – Form requirements

Applications and documents submitted to the Industrial Design Office must meet the following form requirements:

Relevant provision(s): 9, 10 IDR.

8.03 – Information and fee required

Applications submitted to the Industrial Design Office must contain the following information:

Relevant provision(s): 4(1) IDA; 16, 37 IDR.

8.04 – One design or variants per application

An application must be limited to one design applied to a single finished article or set, or to variants applied to a single finished article or set. If an application contains more than one design, the applicant will be required to restrict the application to one design or variants, applied to a single finished article or set.

8.04.01 – Variants

“Variants” are defined as designs applied to the same article or set and not differing substantially from one another. Generally, to be accepted as variants, the designs must be very similar and possess the described features without substantial variation as illustrated in Example 1.

Example 1 – Variant designs

Titre : Example 1 – Variant designs - figure 1.1 - Description : Figure 1.1 shows a perspective view of the first variant of the Coffee Tumbler; with one 3D circular ring on the top, one ring in the middle and one ring in the bottom.

Fig. 1.1

Titre : Example 1 – Variant designs - Figure 2.1 - Description : Figure 2.1 shows a perspective view of the second variant of the Coffee Tumbler; with one 3D circular ring on the top, two rings in the middle and one ring in the bottom.

Fig. 2.1

Titre : Example 1 – Variant designs - figure 3.1 - Description : Figure 3.1 shows a perspective view of the third variant of the Coffee Tumbler; with one 3D circular ring on the top, two rings in the middle, one of them in broken lines and one ring in the bottom.

Fig. 3.1

Finished article: Coffee Tumbler

Statement: The design is limited to features of shape, configuration and ornament of the Coffee Tumbler as shown in the reproductions.

Fig. 1.1 is a perspective view of the first variant of the Coffee Tumbler;

Fig. 2.1 is a perspective view of the second variant of the Coffee Tumbler; and,

Fig. 3.1 is a perspective view of the third variant of the Coffee Tumbler.

Relevant provision(s): 2 IDA; 20(1) IDR.

8.04.02 – Set

Section 2 of the Act defines a “set” as a number of articles of the same general character ordinarily on sale together or intended to be used together, to each of which the same design or variants are applied such as a cutlery set where the same design is applied to a fork, a knife and a spoon would constitute a set according to this definition.

It should be clear from the application that the design applies to a set. If a statement is provided, it should refer only to the design features common among all pieces of the set (e.g. the identical design or variants applied to each piece of the set). It is also acceptable to indicate the location of these features on each piece. Individual views of each article of the set can also be included. Example 2 illustrates a set.

Example 2 – Set

Titre : Example 2 - Set of Cutlery - Figure 1 - Description : Figure 1 shows a front view of the Set of Cutlery with a spoon, fork and knife. The same pattern is applied to the length of the handle on all three.

Fig. 1

Finished article: Set of Cutlery

Statement: Fig. 1 is a front view of the Set of Cutlery.

Relevant provision: 2 IDA

8.05 – Representation requirements

8.05.01 – Specific requirements for photographs and reproductions

Photographs or reproductions (drawings) contained in an application must be presented in the following manner:

8.05.02 – Fully disclose the design

The representation of a design must, taking into account the name of the finished article and any statement, be sufficient to fully disclose the design.

A representation of a design is composed of one or more photographs or reproductions (e.g. drawings).

The application may contain multiple views that show a design from different angles to fully disclose the design. These views may include a: ‘perspective view’; ‘front view’; ‘back view’; ‘right side view’; ‘left side view’; ‘top view’; and ‘bottom view’. Example 3 presents a design applied to an article in seven different views.


Example 3 –Views

Titre : Example 3 - Views - Figure 1.1 to 1.7 - Description : The image shows 7 views of a Jerrycan in different perspectives. The Jerrycan is of a square shape, two caps on the top; a regular size cap on the front and a small on the end, and a finger molded handle in the middle of the two caps. 
Fig. 1.1 Perspective view of the Jerrycan;
Fig. 1.2 Front view of the Jerrycan;
Fig. 1.3 Back view of the Jerrycan;
Fig. 1.4 Right side view of the Jerrycan;
Fig. 1.5 Left side view of the Jerrycan;
Fig. 1.6 Top view of the Jerrycan; and,
Fig. 1.7 Bottom view of the Jerrycan.

Finished article: Jerrycan

Statement:

Fig. 1.1 is a perspective view of the Jerrycan;

Fig. 1.2 is a front view of the Jerrycan;

Fig. 1.3 is a back view of the Jerrycan;

Fig. 1.4 is a right-side view of the Jerrycan;

Fig. 1.5 is a left-side view of the Jerrycan;

Fig. 1.6 is a top view of the Jerrycan; and,

Fig. 1.7 is a bottom view of the Jerrycan.

The Industrial Design Office recommends that the applicant file as many views as necessary in order to fully disclose the features of the design for which protection is sought. However, in some cases, one view may be sufficient to fully disclose the design as illustrated in Example 4.


Example 4 One view is sufficient to disclose the design

Titre : Example 4 – One view is sufficient to disclose the design - Fig 1.1 - Description : Figure 1.1 is a front view of the Display Screen showing the time through both numerical and digital clocks in the middle of the screen. On the right side, there is a weather widget showing a mix of sun and cloud, a calculator, a notepad and a pencil.

Fig. 1.1

Finished article: Display Screen

Statement: The design is limited to the feature of ornament of the Display Screen as illustrated in the reproduction.

Fig. 1.1 is a front view of the Display Screen.

8.05.03 – Quality
8.05.03.01– Insufficient quality of reproductions

The representation of a design must be of sufficient quality to permit the features of the design to be identified clearly and accurately. The Industrial Design Office may request that the applicant submit better-quality reproductions if the original images inadequately illustrate the design. Example 5 illustrates both acceptable and unacceptable reproductions.


Example 5 – Acceptable and unacceptable quality

Titre : Example 5 - Acceptable quality image - Description : The first image shows a Bottle with clearly visible lines and features.

Acceptable

Titre : Example 5 – Unacceptable quality image - Description : The second image shows a Bottle with blurred lines and unclear features.

Unacceptable

Finished article: Bottle

8.05.03.02 – Use of background

To ensure that the design features are clearly and accurately identified in the foreground, applicants should use an appropriate background. Applicants should consider factors such as colouration, contrast and shadow when choosing a background. Example 6 illustrates the correct and incorrect use of these principles.


Example 6 – Acceptable and unacceptable backgrounds

Titre : Example 6 – Acceptable background - Description : The first image shows a red lid on a white background.

Acceptable

Titre : Example 6 – Unacceptable background - Description : The second image shows a red Lid on a red background. On that second image, the visual features are difficult to see.

Unacceptable

Finished Article: Lid

8.05.03.03 – Shadow

Shadowing in a reproduction or photograph is acceptable if the shadows do not interfere with the features of the design. As illustrated in Example 7, the shadows interfere or distort the contours of the article making it difficult to clearly and accurately see the features of the design. In this instance, the Industrial Design Office would issue an objection for lack of clarity.

Example 7 - Unacceptable shadowing in a reproduction or photograph

Titre : Example 7 - Unacceptable shadowing in a reproduction or photograph - Description : The image shows a pair of Earphones with an entangled black cord and shadows. It is difficult to see what is cord and what is shadow.

Unacceptable

 8.05.04 – Combination of photographs and reproductions

Photographs and reproductions can be included in the same application. However, the applicant should ensure that no ambiguity results from this combination. The Industrial Design Office will issue an objection if the features of the design are inconsistent between both the reproduction and photograph of the design.

To illustrate how combining photographs and reproductions in the same application can be inconsistent, Example 8 shows how details are lost between the photograph illustrated in Fig. 1.1 and the reproduction in Fig. 2.1. Note that ridges seen in the photograph are not present in the reproduction. This creates a different visual impression of the design features, which may lead to an objection.

To resolve this objection, an applicant may present the photographs and reproductions as variants of each other, if they comply with the definition of variant designs, as shown in Example 8. Alternatively, the applicant may also ensure that all design features are consistent between the photographs and reproductions.

Example 8 – Combination of photographs and reproductions

Titre : Example 8 – Combination of photographs and reproductions - Description : Fig. 1.1 is a photograph of a light pink coloured Bottle with a grey cap. We can see small ridges around the bottle.

Fig. 1.1

Titre : Example 8 – Combination of photographs and reproductions - Description : Fig. 2.1 is a computer generated image of a light pink coloured bottle with a grey cap. The colours seem slightly different from the ones in figure 1.1 and the ridges can’t be seen.

Fig. 2.1

Finished article: Bottle

Statement: The design is limited to the feature of shape and configuration of the Bottle as illustrated in the reproduction.

Fig. 1.1 is a front view of the first variant of the Bottle in a photograph; and,

Fig. 2.1 is a front view of the second variant of the Bottle in a reproduction.

8.05.05 – Drawing techniques
8.05.05.01 – Shading

Shading the surface of an article can be used to illustrate its shape provided that it does not distort or obscure the design. Shading should be shown consistently throughout the reproductions and should be restricted to the design portions of the article. Example 9, illustrates an acceptable use of shading. Please note that no shading is added to the feet of the Stool as they do not form part of the design.


Example 9 Shading

Titre : Example 9 – Shading ­- fig. 1.1 - Description : The image shows a square Stool with the four corners shaped as semi-circular towers and the four openings between the towers are arc shaped. The shading is shown by using fine lines applied to the surface of the Stool.

Fig. 1.1

Finished article: Stool

Statement: The design is limited to the features of shape and configuration of the Stool shown in the representation.

Fig. 1.1 is a perspective view of the Stool.

8.05.05.02 – Transparency and translucency

Transparency can be illustrated by the use of thin diagonal shade lines. Portions of the design and article that would be visible through the transparent section should be shown. Example 10, a Butter Dish, illustrates an acceptable use of transparency.

Example 10 Transparency

Titre : Example 10 – Transparency - fig 1.1 - Description : Figure 1.1 shows a transparent Butter Dish with two parts: a rectangular saucer and a cover the size of a butter brick. You can see through both parts and fine diagonal lines have been included to indicate transparency.

Fig. 1.1

Finished article: Butter Dish

Statement: The design is limited to the feature of shape of the Butter Dish as shown in the reproduction.

Fig. 1.1 is a perspective view of the Butter Dish.

Translucency can be shown with thin diagonal shade lines and light shading throughout the translucent area. Portions of the article that are visible through the translucent section should be shown. Example 11 illustrates an acceptable use of translucency. Optionally, a descriptive statement such as: “The area indicated by thin diagonal lines and light shading represent translucency” may be added to indicate the presence of translucency in the reproduction.


Example 11 Translucency

Titre : Example 11 – Translucency - Description : Figure 1.1 shows a representation of a translucent Butter Dish with two parts: a rectangular saucer and cover the size of a butter brick. It is possible to see through, but the two parts are not completely transparent. Light shading as well as fine diagonal lines are used to indicate translucency.

Fig. 1.1

Finished article: Butter Dish

Statement: The design consists of the features of shape and configuration of the Butter Dish as shown in the reproduction. The area indicated by thin diagonal lines and light shading represent translucency.

Fig. 1.1 is a perspective view of the Butter Dish.

8.05.05.03 – Indefinite length and/or width and variable length in a portion of the article

To illustrate articles of indefinite length and/or width, the reproductions should show break lines in the article’s length and/or width. It should be obvious that the break lines are for illustrating a break in the article and do not form part of the design. To ensure clarity, the applicant may add a statement which indicates that indefinite length and/or width is shown. Break lines may be shown with double sinusoidal lines as illustrated in Example 12, sharp jagged lines as illustrated in Example 13, or a pair of angled parallel lines broken occasionally by a zigzag as illustrated in Example 14.

Exceptionally, articles of indefinite length and width with a repeating surface pattern can be illustrated with dotted or broken lines around the pattern to be repeated as illustrated in Example 17.


Example 12 Double sinusoidal lines to illustrate an article of indefinite length

Titre : Example 12 – Double sinusoidal lines to illustrate an article of indefinite length - Figure 1.1 - Description : Figure 1.1 shows a Decorative Moulding with a rectangular shaped lower part and decorated thinner upper part. The Decorative Moulding is cut by sinusoidal line in the middle to illustrate indefinite length.

Fig. 1.1

Finished article: Decorative Moulding

Statement: The design is limited to the features of shape and configuration of the entire Decorative Moulding as shown in the reproduction.

Fig. 1.1 is a perspective view of the Decorative Moulding of indefinite length indicated by the double sinusoidal lines.

8.05.05.04 – Articles of indefinite length or width with a constant cross-section

Regardless of where an article is cut, the cross-section should remain identical and there should be no surface pattern and no three-dimensional (3D) features. Extrusions for mouldings or windows as illustrated in Examples 13 and 14 below, illustrate reproductions that are accepted by the Industrial Design Office.

Example 13 – Sharp jagged lines

Titre : Example 13 – Sharp jagged lines - Figure 1.1 - Description : Figure 1.1 shows an Extrusion of rectangular shape. Two parallel sharp jagged lines cuts the Extrusion in half to show that the article is of indefinite length.

Fig. 1.1

Finished article: Extrusion

Statement: The design is limited to the features of shape of the Extrusion shown in the reproduction. The sharp jagged lines on the reproduction indicate that the article is of indefinite length.

Fig. 1.1 is a side view of the Extrusion.

Example 14 Parallel lines broken by a zigzag

Titre : Example 14 – Parallel lines broken by a zigzag - Figure 1.1 - Description : Figure 1.1 shows a Window Extrusion multiple indentations and cavities. The Window Extrusion is cut in half by two parallel lines broken by a zigzag representing an indefinite length.

Fig. 1.1

Finished article: Window Extrusion

Statement: The design is limited to the features of shape and configuration of the Window Extrusion of indefinite length. The parallel lines broken by a zigzag in the reproduction indicate that the article is of indefinite length.

Fig. 1.1 is a perspective view of the front side and top of the Window Extrusion.

8.05.05.05 – Articles of indefinite length or width with a repeating surface pattern

This example refers to a design that has a repeating pattern on the surface of the article and does not affect the article’s cross-section. A statement referring to indefinite length or width should be included in the application. The statement should also indicate that the pattern repeats at regular intervals throughout the length or width of the article. Example 15 shows an acceptable method of illustrating an article of indefinite length with a repeating surface pattern.

Example 15 Repeating surface pattern

Titre : Example 15 – Repeating surface pattern - Figure 1.1 - Description : Figure 1.1 shows a Ribbon with a repeating pattern showing a sun. On the right side, the Ribbon is cut in half by two parallel lines broken by a zigzag in order to represent the indefinite length of the Ribbon.

Fig. 1.1

Finished article: Ribbon

Statement: The design is limited to the feature of pattern as shown on the Ribbon. The pattern shown on the surface repeats throughout the length of the Ribbon of indefinite length.

Fig. 1.1 is a front view of the Ribbon of indefinite length.

8.05.05.06 – Articles of indefinite length or width with repeating 3D features

This example refers to a design that has constant 3D features, which repeat at regular intervals throughout the article’s length and width. A statement referring to indefinite length or width should be included in the application. The statement should also indicate that such features repeat consistently and at regular intervals throughout the length or width of the article.

The combined reproduction and statement in Example 16 would be accepted by the Industrial Design Office for this type of article.

Example 16 Repeating 3D features

Titre : Example 16 – Repeating 3D features - Figure 1.1 - Description : The image shows a Backpack Hanging Rack. The Rack has three parts, a top and bottom oblique sides linked together by an horizontal middle part. Multiple hooks for the backpacks are fixed to the middle part. The finished article is cut by zigzag line showing the indefinite length.

Fig. 1.1

Finished article: Backpack Hanging Rack

Statement: The design is limited to the features of shape and configuration of the Backpack Hanging Rack. The design is of indefinite length as shown in the reproduction. The three-dimensional features on the front surface of the article repeat consistently and at regular intervals throughout the length of the article.

Fig. 1.1 is a perspective view of the Backpack Hanging Rack.

8.05.05.07 – Articles of indefinite length and width with a repeating surface pattern

Articles having a repeating surface pattern of both indefinite length and width may be illustrated by dotted or broken lines around the pattern to be repeated. A statement should also be included that refers to the repeat pattern and the indefinite length and width. The combined reproduction and statement in Example 17 below would be considered acceptable by the Industrial Design Office.


Example 17 Repeating surface pattern

Titre : Example 17 – Repeating surface pattern - Figure 1.1 - Description : The image shows a Paper Towel with a pattern showing symmetrical squares boxes on the entire surface. Five vertical squares boxes are showing the image of a four-leave clover. A second column of five blank square boxes of the same size follows. This pattern repeats. A small circle sits at one corner, between every square box.

Fig. 1.1

Finished article: Paper Towel

Statement: The design is limited to the pattern on the Paper Towel. The design is of indefinite length and width as shown by the broken lines around the perimeter of the reproduction. The pattern shown on the surface repeats throughout the length and width of the Paper Towel.

Fig. 1.1 is a front view of the Paper Towel.

8.05.05.08 – Articles of variable length in a portion

An article having a portion of it that is of varying length can be illustrated through the use of break lines in the relevant portion. A statement should also be included indicating that the portion is of variable length. Example 18 includes a reproduction and statement that accurately reflects variable length.

Example 18 Variable length in a portion

Titre : Example 18 – Variable length in a portion - Figure 1.1 - Description : The image shows a Rake. The handle portion of the Rake in cut in half by two parallel lines broken by a zigzag to illustrate the variable length of the handle.

Fig. 1.1

Finished article: Rake

Statement: The design is limited to the features of shape and configuration of the Rake as shown in the reproduction. The handle portion of the Rake varies in length within the breaklines as illustrated in the reproduction.

Fig. 1.1 is a front view of the Rake.

8.05.05.09 – Variable length in a portion that has repeating surface pattern

An article having a repeating surface pattern and variable length in only a portion of the article can be illustrated with break lines in the relevant portion. A statement indicating that the pattern repeats throughout the variable length of the portion should also be included.

8.05.05.10 – Variable length in a portion that has repeating 3D features

An article having repeating 3D features in only a portion of the article can be illustrated with break lines in the relevant portion. A statement indicating that the features repeat at regular intervals throughout the variable length of the portion should also be included. See Example 19.

Example 19 Portion of variable length having 3D features

Titre : Example 19 – Portion of Variable length having 3D features - Figure 1.1 - Description : The image shows a Paper Towel Holder with 3D features on the bar portion. Two parallel lines cuts the bar portion in half in order to illustrate the variable length of that part.

Fig. 1.1

Finished article: Paper Towel Holder

Statement: The design is limited to the features of shape, configuration and pattern of the Paper Towel Holder as shown in the reproduction. The 3D-elements repeat consistently and at regular intervals throughout the variable length of the bar portion of the Paper Towel Holder.

 Fig. 1.1 is a front perspective view of the Paper Towel Holder.

8.05.05.11 – Cross-sectional views

A cross-sectional view may be included in order to better disclose exterior features that are not adequately represented in the conventional views. Internal features that are not visible in the completely assembled article should not be shown.

Method to illustrate a cross-sectional view (Example 20):

Example 20 Cross-sectional view

Titre : Example 20 – Cross-sectional view - Figure 1.1 - Description : The image shows a Hockey Puck. 

Figure 1.1 shows a perspective view of a circular Hockey Puck. The interior portion of the Hockey Puck is empty.

Fig. 1.1

Titre : Example 20 – Cross-sectional view - Figure 1.2 - Description : The image shows a Hockey Puck. 
Figure 1.2 shows a top plan view of the Hockey Puck. You can see that the inside is empty. A broken line goes across the image with a reference to 1.3 marked on both sides of the line to illustrate a cross-sectional cut.

Fig. 1.2

Titre : Example 20 – Cross-sectional view - Figure 1.3 - Description : The image shows a Hockey Puck. 
Figure 1.3 shows a cross sectional view of the hockey puck taken along the line 1.3 of the previous figure 1.2.

Fig. 1.3

Finished article: Hockey Puck

Statement: The design is limited to the features of shape, configuration and pattern of the Hockey Puck as shown in the reproductions.

Fig. 1.1 is a perspective view of a Hockey Puck;

Fig. 1.2 is a top plan view thereof; and,

Fig. 1.3 is a cross-sectional view thereof, taken along lines 1.3-1.3 of Fig. 1.2.

8.05.05.12 – Enlarged fragmentary or magnified view

An enlarged or magnified view of a portion of the design, also known as an “enlarged fragmentary view” or “magnified view” may be included to show a portion of the design on a larger scale in order to better disclose small details.

Example 21 provides guidance on the acceptable method to illustrate an enlarged fragmentary view:


Example 21 Enlarged fragmentary or magnified view

Titre : Example 21 – Enlarged fragmentary or magnified view - Figure 1.1 - Description : The image shows a Test Tube with Ergonomic Handle.

Figure 1.1 shows a front perspective view of the Test Tube. The Tube is elongated and has an opening at the top and is rounded at the bottom. The Tube has an ergonomic rectangular handle with an oblique part at the top. The image also shows a circle which focuses on the top part of the handle and includes a reference to figure 1.2.

 Fig 1.1

Titre : Example 21 – Enlarged fragmentary or magnified view - Figure 1.2 - Description : The image shows a Test Tube with Ergonomic Handle.

Figure 1.2 is an enlarged fragmentary view of the content shown in the circle of figure 1.1 (the top part of the handle).

Fig 1.2

Finished article: Test Tube with Ergonomic Handle

Statement: The design is limited to the visual features of shape and configuration of the Test Tube with Ergonomic Handle as shown in the reproductions.

Fig. 1.1 is a front perspective view of the Test Tube with Ergonomic Handle; and,

Fig. 1.2 is an enlarged fragmentary view of Fig. 1.1.

8.05.05.13 – Environment views

One or more environment views may be included to show the article in the context of its surroundings. The environment is subject matter that is not part of the finished article or design.

Method to illustrate an environmental view (Example 22):

Example 22 Environmental view

Titre : Example 22 – Environmental View - Figure 1.1 - Description : Figure 1.1 shows a perspective view of a Faucet and a sink. The Faucet has a circular nozzle and a handle on the right side of the base. The sink is represented in broken lines to illustrate that it does not form part of the claimed design and is part of the environment.

Fig. 1.1

Titre : Example 22 – Environmental View - Figure 1.2 - Description : Figure 1.2 shows a perspective view of the Faucet only (without the sink). The Faucet has a circular nozzle and a handle on the right side of the base.

Fig. 1.2

Finished article: Faucet

Statement: The design is limited to the features of shape and configuration of the Faucet as shown in the reproductions. The dotted lines represent environment only, and do not form part of the design.

Fig. 1.1 is a perspective view of the Faucet showing the environment; and,

Fig. 1.2 is a perspective view of the Faucet.

8.05.05.14 – Contrasting tones

It is acceptable to use shading techniques to show contrasting tones provided they do not distort or hide the design. Contrasting tones should be restricted to the design portions of the article only as illustrated in Example 23.

Example 23 Contrasting tones

Titre : Example 23 – Contrasting tones - Figure 1.1 - Description : Figure 1.1 shows a perspective view of a Toy Cube with grey colours. The front face shows four lozenges with contrasting tones. Some are dark gray, others are lighter gray.

Fig. 1.1

Finished article: Toy Cube

Statement: The design is limited to the features of shape, configuration and ornament of the Toy Cube shown in the reproduction.

 Fig. 1.1 is a perspective view of the Toy Cube.

8.05.05.15 – Open and closed positions

Views of the article in the open and closed positions may be included to reveal design features provided that the article is normally seen or used in those positions. It is recommended that the figure reference in the statement indicates the different positions shown, as illustrated in Example 24.

Example 24 Open and closed positions

Titre : Example 24 – Open and closed positions - Figure 1.1 - Description : Figure1.1 shows a perspective view of the Pill Container with the lid in an open position. Shading lines are displayed all across the article and a small button sits on the front side of the container to open or keep the lid closed.

Fig 1.1

Titre : Example 24 – Open and closed positions - Figure 1.2 - Description : Figure1.2 shows a perspective view of the Pill Container with the same lid in a closed position.

Fig 1.2

Finished article: Pill Container

Statement: The design is limited to the features of shape, configuration and ornament of the Pill Container as shown in the reproductions.

Fig. 1.1 is a perspective view of the Pill Container with the lid in an open position; and,

Fig. 1.2 is a perspective view of the Pill Container with the lid in the closed position.

8.05.05.16 – Extended/retracted views

Views of the article in extended and retracted positions may be included in an application provided that the article is normally seen and used in those positions. It is recommended that the figure reference indicate the different positions shown as illustrated in Example 25.

Example 25 Extended and retracted views

 

Titre : Example 25 – Extended and retracted views - Figure 1.1 - Description : The Telescoping Container Cap consist of three parts on top of each other where the bottom part is the widest and the top part is smallest such that container can extend and retract. 

Figure 1.1 shows a perspective view of the Telescoping Container Cap in a fully extended position where all three parts are visible.

Fig. 1.1

Titre : Example 25 – Extended and retracted views - Figure 1.2 - Description : The Telescoping Container Cap consist of three parts on top of each other where the bottom part is the widest and the top part is smallest such that container can extend and retract. 

Figure 1.2 shows a perspective view of the Telescoping Container Cap in a semi-extended position where the top part is retracted.

Fig. 1.2

Titre : Example 25 – Extended and retracted views - Figure 1.3 - Description : The Telescoping Container Cap consist of three parts on top of each other where the bottom part is the widest and the top part is smallest such that container can extend and retract.

Figure 1.3 shows a perspective view of the Telescoping Container Cap in a fully retracted position where the top two parts are retracted and only the bottom part is visible.

Fig 1.3

 

Finished article: Telescoping Container Cap

Statement: The design is limited to the features of shape and configuration of the entire Telescoping Container Cap as shown in the reproductions.

Fig. 1.1 is a perspective view of the Telescoping Container Cap in a fully extended

position;

Fig. 1.2 is a perspective view of the Telescoping Container Cap in a semi-extended/retracted position; and,

Fig. 1.3 is a perspective view of the Telescoping Container Cap in a fully retracted position.

8.05.05.17 – Exploded views

A multi-component article should be shown fully assembled. An exploded view may also be included provided that the article is seen or used in that position. In exploded views, it should be clear how the components join together. Example 26 illustrates an acceptable exploded view.

Example 26 Exploded view for multi-component articles

Titre : Example 26 – Exploded view for multi-component articles - Figure 1.1 - Description : Figure 1.1 shows a perspective view of a Food Processor. The image shows a container of cylindrical shape with a cap that looks like an inverted funnel.

Fig. 1.1

Titre : Example 26 – Exploded view for multi-component articles - Figure 1.2 - Description : Figure 1.2 shows an exploded view of the Food Processor shown in figure 1.1. The image shows all the separate parts of the Food Processor separately. It consists of, respectively, the cylindrical container, the blade stick and the inverted funnel cap.

Fig 1.2

Finished article: Food Processor

Statement:

Fig. 1.1 is a perspective view of the Food Processor; and,

Fig. 1.2 is an exploded view of the Food Processor of Fig. 1.1.

8.05.06 – Colour

Colour may form part of a design as a feature of pattern or ornament. As such, colour photographs or reproductions may be submitted in an application. A descriptive statement referencing colour may also accompany colour reproductions. Any reference to colour in a descriptive statement must be clear and unambiguous. For example, the adjective "blue" is acceptable; "blue-ish" is not. Alternately, widely recognized colour systems may be used to describe the colours. In this case, applicants should include a descriptive statement of the colour and refer to the applicable colour system.

The Industrial Design Office recommends filing colour designs using the e-filing application rather than through a paper application as scanning the paper application may lead to inaccurate reproduction of the colour.

To ensure accurate colour claims, the applicant may consider using a colour identification system. While the Industrial Design Office does not endorse or recommend a particular colour identification system, any system used should be easy to identify and be reproduced by the general public. If the colour system is the subject of a registered trade-mark, it should be identified using uppercase letters and should include a statement that it is a registered trade-mark such as: “The blue colour shown in the reproductions is PANTONE 3538C. *PANTONE is a registered trademark." Example 27 is an acceptable use of colour in an application.

Since colour either may form part of the design or be used to limit the design to part of the finished article, the Industrial Design Office will issue an objection if colour is included in non-design portions of an article and its purpose is unclear.

Example 27 Colour in the reproductions

Titre : Example 27 – Colour in the reproductions - Figure 1.1 - Description : Figure 1.1 shows a front view of the ventral side of a Glove with two different colours. The cuff of the glove has a specific blue colour called PANTONE* Blue 3538C. The rest of the Glove is shown in a specific dark grey colour called PANTONE* Grey 425C. *PANTONE is a registered trade-mark.

Fig. 1.1

Finished article: Glove

Statement:

Fig. 1.1 is a front view of the Glove illustrating a ventral side of the glove having a PANTONE* Blue 3538C cuff. The rest of the Glove is shown in PANTONE* Grey 425C. *PANTONE is a registered trademark.

8.05.07 – Electronic Icons

The design of an electronic icon can be shown applied to a finished article (Fig. 1.1 of Example 28) or in isolation (Fig 1.2). The name of the finished article in respect of which the design is to be registered should always be identified in the application as illustrated in Example 28.

Example 28 Electronic Icon

Titre : Example 28 – Electronic Icon - Figure 1.1 - Description : Figure 1.1 shows a front view of the Display Screen in dotted lines onto which is shown an Electronic Icon. The electronic icon indicates the weather by illustrating a blue cloud onto which there are a yellow lightning bolt, a yellow crescent moon and a yellow sun.

Fig. 1.1

Titre : Example 28 – Electronic Icon - Figure 1.2 - Description : Figure 1.2 shows a front view of the same Electronic Icon, but shown alone without the Display Screen.

Fig. 1.2

Finished article: Display Screen with Electronic Icon

Statement:

Fig. 1.1 is a front view of the Display Screen with Electronic Icon; and,

Fig. 1.2 is a view of the Electronic Icon.

8.05.08 – Computer-generated animated designs

The Industrial Design Office accepts as registrable subject matter computer-generated animated designs that change in appearance while viewing. The reproductions submitted in the application will be viewed as a sequence of frames that define the computer-generated animated design.

As illustrated in Example 29, it is strongly recommended that a figure reference accompany an application for the registration of an animated design. When included, the figure reference should read as “Figure 1.1 – first frame of the sequence,” “Figure 1.2 – second frame of the sequence,” etc. If there are no figure references and there is no descriptive statement of the sequence, the Industrial Design Office will interpret the order in which the figures appear as defining the sequence of the design for which protection is sought. The individual frames need not include substantially similar content to one another, as they are not assessed independently from their sequential arrangement.


Example 29 Computer-generated animated designs

Titre : Example 29 – Computer-generated animated designs - Figure 1.1 - Description : This image shows a Thermostat Display Screen consisting of a double circle inside which a colour is displayed in a progressive manner to illustrate the changing temperature. 

Figure 1.1 is a first frame of the sequence of the first variant showing a dark red colour on a small section between the two circles.
.

Fig. 1.1

Titre : Example 29 – Computer-generated animated designs - Figure 1.2 - Description : This image shows a Thermostat Display Screen consisting of a double circle inside which a colour is displayed in a progressive manner to illustrate the changing temperature. 

Figure 1.2 is a second frame of the sequence of the first variant showing a dark red colour on almost half of the surface between the two circles.

Fig. 1.2

Titre : Example 29 – Computer-generated animated designs - Figure 1.3 - Description : This image shows a Thermostat Display Screen consisting of a double circle inside which a colour is displayed in a progressive manner to illustrate the changing temperature. 

Figure 1.3 is a third frame of the sequence of the first variant showing a dark red colour on almost three quarter of the surface between the two circles.

Fig. 1.3

Titre : Example 29 – Computer-generated animated designs - Figure 2.1 - Description : This image shows a Thermostat Display Screen consisting of a double circle inside which a colour is displayed in a progressive manner to illustrate the changing temperature. 

Figure 2.1 is a first frame of the sequence of the second variant showing a light blue colour on a small section between the two circles.

Fig. 2.1

Titre : Example 29 – Computer-generated animated designs - Figure 2.2 - Description : This image shows a Thermostat Display Screen consisting of a double circle inside which a colour is displayed in a progressive manner to illustrate the changing temperature. 

Figure 2.2 is a second frame of the sequence of the second variant showing a light blue colour on almost three quarter of the surface between the two circles.

Fig. 2.2

Titre : Example 29 – Computer-generated animated designs - Figure 2.3 - Description : This image shows a Thermostat Display Screen consisting of a double circle inside which a colour is displayed in a progressive manner to illustrate the changing temperature. 

Figure 2.3 is a third frame of the sequence of the second variant showing a light blue colour on almost three quarter of the surface between the two circles.

Fig. 2.3

Finished article: Thermostat Display Screen

Statement: The design is limited to the feature of ornament applied to a Thermostat Display Screen as shown in the reproductions.

Fig. 1.1 is a first frame of the sequence of the first variant;

Fig. 1.2 is a second frame of the sequence of the first variant;

Fig. 1.3 is a third frame of the sequence of the first variant;

Fig. 2.1 is a first frame of the sequence of the second variant;

Fig. 2.2 is a second frame of the sequence of the second variant; and,

Fig. 2.3 is a third frame of the sequence of the second variant.

Relevant provision(s): 9(b), 14(a) to (d), 15 IDR.

8.06 – Application deemed to relate to all features shown

An application is deemed to relate to all of the features of “shape”, “configuration”, “pattern” and “ornament” shown in the representation of the design unless an exception described below applies. Accordingly, a statement is not required if the design relates to all of the features shown in the representation.

8.06.01 – Statement of limitation

An applicant may use a statement in the application to limit some of the features from applying. For example, an acceptable statement of limitation would be: “The design is limited to the features of shape and configuration.” The statement must clearly describe which features are claimed and must not create alternatives that may lead to ambiguity as to the scope of the design. For example, the following statement would not be acceptable: “The design is the visual features of the entire article shown in the reproductions, whether those features are features of one of shape, configuration, ornament or pattern or are a combination of any of these features.” The Industrial Design Office will issue an objection should a statement lead to ambiguity as to the scope of the design.

Note that a declaration that the design was not, to the proprietor’s knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor is no longer required for applications filed on or after November 5, 2018. The Industrial Design Office will issue an objection should a statement include a declaration to that effect. Where an application is a divisional of an application filed before November 5, 2018, that declaration is required and may be included in a cover letter or in the description of the design.

8.06.02 – Design applied to part of the article
8.06.02.01 – Statement to limit the design to part of the article

A statement may also indicate that the application relates to only some or all of the features of shape, configuration, pattern or ornament of a part of the finished article. As Illustrated in Example 30, the statement is used to limit the features of the design and where the design is applied to the article: “The design is limited to the features of shape and configuration of the Table top. The legs do not form part of the design.”

Example 30 – Statement of limitation for part of the article

Titre : Example 30 - Statement of limitation for part of the article - Figure 1.1 - Description : The image shows a perspective view of a rectangular shaped Table with four legs. Diagonal shading lines are shown on the Table.

Fig. 1.1

Finished article: Table

Statement: The design is limited to the features of shape and configuration applied to the Table. The legs do not form part of the design.

Fig. 1.1 is a perspective view of the Table.

8.06.02.02 – Dotted or broken lines to limit the design to part of the article

A design may also be limited to parts of an article through the use of dotted or broken lines. In Example 31, the design portion is limited to the frame of the glasses. The features applied to the lenses do not form part of the design as they are illustrated using broken lines. It is unnecessary to include a statement in the application indicating that the broken (or dotted) lines do not form part of the design as this is deemed by the Regulations.

Example 31 – Features in dotted or broken lines

Titre : Example 31 – Features in dotted or broken lines - Figure 1.1 - Description : The image shows a front view of the Glasses, where the frame is represented in solid lines. The Glasses themselves are shown in broken lines to illustrate that they do not form part of the design.

Fig. 1.1

Finished article: Glasses

Statement:

Fig. 1.1 is a front elevated view of the Glasses.

If the reproduction of the design contains dotted or broken lines illustrating elements that are meant to form part of the design such as stitching on a garment, a statement should be included in the application to ensure that the dotted or broken lines are interpreted as stitching rather than a method of disclaiming features of the design (see Example 32).

Example 32 – Statement required when stitching is part of the design

Titre : Example 32 – Statement required when stitching is part of the design - Figure 1.1 - Description : The image shows the front view of a Shirt in solid lines. The design also shows six vertical broken lines running from top to bottom, three on each side of the neck. These broken lines constitute stitching and they form part of the design.

Fig. 1.1

Finished article: Shirt

Statement: The broken lines shown in the reproduction constitute stitching and are part of the design.

Fig. 1.1 is a front view of the design.

8.06.02.03 – Colouring to limit the design to part of the article

Colouring can also be used to limit the design. Contrasting colour tones can be used to obscure features that do not form part of the design. When using colouring, the features for which protection is sought should be clearly visible, whereas the disclaimed features should be represented in a different tone so they appear blurred or imperceptible. Example 33 shows an acceptable use of colouring to disclaim portions of the article. If it is not evident that the purpose of the colouring is to indicate that the application does not relate to these features, a statement to this effect should be included in the application. To make it evident that the features do not form part of the design, the colouring can be extended to the background as illustrated.

Example 33 – Use of colouring to limit the design

Titre : Example 33 – Use of colouring to limit the design - Figure 1.1 - Description : Figure 1.1 shows a front view of a Car where the front part of the Car shows details of the design. The rest of the Car is coloured in dark blue so the details appear blurred or imperceptible. The colour is used to limit the design to the front part of the Car.

Fig. 1.1

Titre : Example 33 – Use of colouring to limit the design - Figure 1.2 - Description : Figure 1.2 shows a perspective view of a Car where the front part of the Car shows details of the design. The rest of the Car is coloured in dark blue so the details appear blurred or imperceptible. The colour is used to limit the design to the front part of the car.

Fig. 1.2

Titre : Example 33 – Use of colouring to limit the design - Figure 1.3 - Description : Figure 1.3 shows a right-side view of a Car where the front part of the Car shows details of the design. The rest of the Car is coloured in dark blue so the details appear blurred or imperceptible. The colour is used to limit the design to the front part of the car.

Fig. 1.3

Finished article: Car

Statement:

Fig. 1.1 is a front view of the car;

Fig. 1.2 is a left perspective view of the car; and,

Fig. 1.3 is a right-side view of the car.

8.06.02.04 – Blurring to limit the design to part of the article

Part of an article can be blurred in the representation so that some of features are vague or imperceptible creating a contrast between the design and non-design portions of the article. Example 34 shows an acceptable use of blurring, where the claimed front end of the car is shown clearly and the remainder of the car is blurred. If it is not evident that the purpose of the blurring is to indicate that the application does not relate to blurred features, a statement should be included in the application.

Example 34 – Use of blurring to limit the design

Titre : Example 34 – Use of blurring to limit the design - Figure 1.1 - Description : Figure 1.1 shows a front view of a Car where the front part of the Car shows details of the design and the rest of the Car is blurred. The blurring is used to limit the design to the front part of the Car.

Fig. 1.1

Titre : Example 34 – Use of blurring to limit the design - Figure 1.2 - Description : Figure 1.2 shows a perspective view of a Car where the front part of the Car shows details of the design and the rest of the Car is blurred. The blurring is used to limit the design to the front part of the Car.

Fig. 1.2

Titre : Example 34 – Use of blurring to limit the design - Figure 1.3 - Description : Figure.1.3 shows a left-side view of a Car where the front part of the Car shows details of the design and the rest of the Car is blurred. The blurring is used to limit the design to the front part of the Car.

Fig. 1.3

Finished article: Car

Statement:

Fig. 1.1 is a front view of the car;

Fig. 1.2 is a left perspective view of the car; and,

Fig. 1.3 is a left-side view of the car.

8.06.02.05 – Boundary line to limit the design to part of the article

Although the above options handle the majority of cases, there are exceptions that might warrant using an additional means to illustrate the distinction between design and non-design portions of the article. The Industrial Design Office will accept the use of boundary lines to define a boundary between the design and non-design portions of the article where the use of a statement of limitation, broken or dotted lines, colouring or blurring alone do not clearly show the design as applied to the article. 

It should be clear by an accompanying statement that the boundary line is used to define design and non-design portions of an article. Due to the risk of including more than just the design within the boundary, boundaries should be used carefully in reproductions/photographs. Example 35 illustrates four types of acceptable boundary lines – using a dot-dash, coloured (red in this example), dotted and broken. Please note that other types of boundary lines are acceptable as long as their purpose is clearly defined.

Example 35 Acceptable use of boundary lines

Titre : Example 35 – Acceptable use of boundary lines - Figure 1 - Description : Figure1 shows a front view of a Shoe Sole with multiple design features. The features shown in the arch-part of the Shoe Sole are surrounded by a dot-dash boundary line to illustrate that the design is limited to the features within its boundary.

Fig. 1

Titre : Example 35 – Acceptable use of boundary lines - Figure 2 - Description : Figure 2 shows a front view of a Shoe Sole with multiple design features. The features shown in the arch-part of the Shoe Sole are surrounded by a red coloured boundary line to illustrate that the design is limited to the features within its boundary.

Fig. 2

Titre : Example 35 – Acceptable use of boundary lines - Figure 3 - Description : Figure 3 shows a front view of a Shoe Sole with multiple design features. The features shown in the arch-part of the Shoe Sole are surrounded by a dotted boundary line to illustrate that the design is limited to the features within its boundary.

Fig. 3

Titre : Example 35 – Acceptable use of boundary lines - Figure 4 - Description : Figure 4 shows a front view of a Shoe Sole with multiple design features. The features shown in the arch-part of the Shoe Sole are surrounded by a broken boundary line to illustrate that the design is limited to the features within its boundary.

Fig. 4

Finished article: Shoe Sole

Statement: The dot-dash (Fig. 1), coloured red (Fig. 2), dotted (Fig. 3) and broken (Fig. 4)  boundary line does not form part of the design and is included to indicate that the design is limited to the features within its boundary.

8.06.03 – Optional descriptive statement

The applicant may include in the application a brief descriptive statement of the representation or features of the design. This descriptive statement must not refer to utilitarian function or a method or principle of manufacture or construction. It is acceptable to include in that statement an indication that a particular feature is considered to be an important feature of the design. For example, “The most significant feature of the design is the appearance of the rose at the base of the handle.” In that case, any feature of the design that is referred to must be visible in the photographs or reproductions.

Note that a declaration that the design was not, to the proprietor’s knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor is no longer required for applications filed on or after November 5, 2018. The Industrial Design Office will issue an objection should a description include information to that effect. Where an application is a divisional of an application filed before November 5, 2018, that declaration is required and may be included in a cover letter or in the description of the design.

Relevant provision(s): 17(1) to (4), 18 IDR.

8.07 – Priority

8.07.01 – Request for priority

An applicant can take advantage of the priority of a previously filed industrial design application by filing an application for the registration of an industrial design in Canada and by making a request for priority accompanied by the required information. Provided that the request for priority is made correctly, the priority date of the design will be used for the purpose of novelty assessment, instead of the filing date of the application.

To illustrate, an applicant may file an application for the registration of a design in Canada on May 31, 2017, and include a request for priority in the application indicating that an application for registration of the same design was previously filed in the United States of America, on January 10, 2017. Provided that the request for priority is made correctly, the Industrial Design Office would use January 10, 2017, as the date to assess novelty of the design. Any conflicting designs with a priority date that is after January 10, 2017, would generally be refused registration.

8.07.02 – Priority request requirements

An applicant can make a request for priority either in the application or in a separate document. The request for priority must include the filing date, the name of the country or office where the previously regularly filed application was filed and, while not mandatory, its application number. For the purposes of identifying the country or office, two-letter alphabetic codes may be used provided they are based on WIPO’s standard ST.3, the recommended standard on two-letter codes for the representation of states, other entities and intergovernmental organizations.

If the request does not include the filing date or the name of the country or office where the previously regularly filed application was filed, the priority request will be deemed never to have been filed.

The filing date of the previously regularly filed application cannot be the same date as the filing date in Canada; if it is, the request for priority will be deemed never to have been filed.

The design disclosed in the previously regularly filed application must be the same design as the design the applicant is seeking to register in Canada. Drawing techniques will not have an impact on the assessment of whether the design is considered to be the same.

Any request for priority in respect of a particular variant must be based on an application that fully discloses that same variant.

Any request for priority in respect of a particular design disclosed in the environment which could be made the subject of a divisional application must be based on an application that fully discloses that same design.

When filing an application, it is recommended to include all requests for priority for all subject matter disclosed in the application (including in the environment). Note that in all cases, the priority claim must be for the same design and fully disclosed in the previously regularly filed application.

If these requirements are met, the Industrial Design Office will assess the novelty of the design based on the date of priority, rather than based on the Canadian filing date.

Specific rules apply to requests for priority in respect of Hague applications. See section 30 of this Manual for more detail.

8.07.02.01 – Deadline

The Industrial Design Office must receive any request for priority, including all of the required information before the earlier of:

8.07.02.02 – Countries

The countries in or for which a previously filed application may serve as the basis for priority are:

8.07.03 – Withdrawal of a request for priority

An applicant may withdraw a request for priority, either entirely or with respect to one or more previously regularly filed applications.

8.07.04 – Impact on the date on which an application is made available to the public

Where a request for priority is made in respect of an application, the earliest filing date of the priority application(s) will affect the date on which an application is made available to the public. If a request for priority is withdrawn at least two months before the date on which an application would have been made available to the public, the publication date will be recalculated without taking into account that priority request.

8.07.05 – Correction to a request for priority

An error in the filing date, the name of the country or office of filing or the number of a previously regularly filed application in respect of which a priority claim has been made may only be corrected before the design is registered. The following two exceptions apply to this rule.

8.07.06 – Exceptions

If an application has been made available to the public prior to registration, the Industrial Design Office may correct an error in the name of the country or office of filing only if it is obvious from the documents in the Industrial Design Office at the time the application is made public.

The Industrial Design Office will not correct an error in the filing date of a previously regularly filed application if more than six months have passed since the filing date of the pending application in Canada.

8.07.07 – Non-application to Hague applications

An applicant must contact the International Bureau of WIPO to correct any information relating to their priority claim in an international application under the Hague Agreement or to a divisional application resulting from a Hague application. The Industrial Design Office will disregard any request it receives to make a correction to a Hague applications priority claim or to a divisional application resulting from a Hague application.

8.07.08 – Request for priority documents

If the priority date is relevant in order to assess novelty under section 8.2 of the Act, the Industrial Design Office will request that the applicant either submit a certified copy of the relevant priority documents or make a copy of the previously regularly filed application available on WIPO’s Digital Access Service.

The applicant must provide the requested information no later than three months after the date of the notice. This deadline can be extended by six months upon request. Only one six-month extension is available.

8.07.08.01 – WIPO’s Digital Access Service

WIPO’s Digital Access Service is an electronic digital library allowing priority documents to be securely exchanged between participating IPOs. The Industrial Design Office will treat any priority document furnished to it via the WIPO service as if the document had been filed directly with the Industrial Design Office.

As indicated in the previous section, a priority document filed in a participating IPO may be made available to the Industrial Design Office through WIPO’s Digital Access Service in order to comply with a request for priority documents. In that case, the applicant must provide the number and the filing date of the previously regularly filed application along with the access code required to retrieve the priority document. If that information is not provided or incomplete, the applicant will be considered not to have complied with the request to provide priority documents.

8.07.08.02 – Translation

If the previously regularly filed application is in a language other than French or English, the Industrial Design Office will require a translation. The applicant must provide the translation along with the requested priority documents. If the translation is not provided, the applicant will be considered not to have complied with the request for priority documents.

If the Industrial Design Office believes the translation is inaccurate, it may by notice request that the applicant:

The applicant must provide the requested statement or new translation no later than three months after the date of the notice. This deadline can be extended by six months upon request. Only one six-month extension is available.

8.07.08.03 – Consequence for non-compliance

If an applicant does not comply with the request to provide the priority documents and a translation by either the initial deadline, or the extension if applicable, the priority claim will be deemed to have been withdrawn at the end of that time period. The applicant’s priority request would be removed only in respect of the previously regularly filed application that was the subject of the request for priority documents.

When a priority claim is removed the publication date of the application will be recalculated based on the Canadian filing date or the earliest priority claim remaining in the application, if any. See section 20.02 of this Manual for more information on publication when changes are made to the date of priority.

8.07.09 – Search based on priority

Generally, the Industrial Design Office conducts a prior art search six months after the filing date of an application because of the possibility of subsequent filed applications containing designs having earlier priority dates. However, the Industrial Design Office may conduct the search as early as six months from the priority date of the design that is the subject of the application if the applicant submits a certified copy or makes available a copy of the previously regularly filed application through WIPO’s Digital Access Service for each previously regularly filed application on which the priority claim is based. Please note that the date from which the Industrial Design Office may conduct the search will vary depending on the particular circumstances of the case at hand, as well as processing times.

A certified copy of the foreign application and a certificate from the foreign office showing the filing date of the application can be submitted to the Industrial Design Office in a language other than English or French, as long as they are accompanied by a translation of the documents into English or French. If not, the Industrial Design Office will not be able to assess the documentation nor will it advance the search for prior art.

The design disclosed in the priority document must be for the same design as the design the applicant is seeking to register in Canada. Drawing techniques will not have an impact on the assessment of whether or not the design is considered to be the same. If your application contains variants, each of them must be adequately supported by the priority documentation provided. If a variant is not supported, the search will be conducted no earlier than six months after the Canadian filing date. See section 16 of this Manual for more detail on the novelty assessment.

To maximize its benefit, search based on priority can be combined with a request for advanced examination. See section 10 of this Manual for more detail on advanced examination.

Relevant provision(s): 8, 8.1 IDA; 26(2) to (5), 27(1) to 27(6), 28 IDR.

8.08 – Divisional applications

8.08.01 – Divisional applications

The applicant may file a divisional application with the Industrial Design Office for any design applied to a finished article that was disclosed in the original application on its filing date. The finished article must also have been disclosed in the original application. Divisional applications are available for both national and Hague applications.

A divisional application is a separate application, including with respect to the payment of any fees.

8.08.02 – Requirements

The original application – in other words, the application being divided – must be pending (e.g. the application must not be withdrawn, abandoned and past the reinstatement date, refused or registered).

The applicant must include a statement that identifies the application as a divisional. This statement must be submitted to the Industrial Design Office as part of the application or in a separate document, no later than three months after the date on which the divisional application was received in the Industrial Design Office. To facilitate processing within the Industrial Design Office, it is strongly advised that applicants indicate that an application is a divisional when it is filed.

8.08.03 – Deadline to file a divisional

A divisional application can be filed up to two years after the filing date of the original application, or the earliest original application in the series of applications from which the divisional results.

8.08.03.01 – Exception

After the two year period has expired, an application can still be divided if a report by the Industrial Design Office requires that the applicant limit its application to one design or to variants, applied to a single finished article.

Divisional application(s) can be filed for designs identified as separate designs in the examiner report. These applications must be filed as long as no more than six months have elapsed since the day on which the original application was limited to one design or to variants and the original application is still pending. To ensure that the original application remains pending, applicants may request a delay of registration on the original application. See section 11 of this Manual for more information.

8.08.04 – Deemed actions in relation to request for priority

If any of the following actions have been taken in respect of the original application, on or before the day on which a divisional application is received, they are deemed to have been taken, on the same day, in respect of the divisional application:

Relevant provision(s): 20(2) to (6), 29 IDR.

Section 9 – Classification

9.01 – New classification system

To align with international standards, the Industrial Design Office has introduced a new Canadian Classification Standard for Industrial Designs with the Locarno Classification System as its core framework. This international standard is administered by WIPO and is reviewed and updated by the Committee of Experts of the Locarno Union every five years. If required, the Industrial Design Office will review and update the Canadian Classification Standard for Industrial Designs on the same schedule to ensure the Industrial Design Office continues to align with the international classification standard.

The Industrial Design Office classifies each design in order to conduct a novelty assessment. Specific classes are assigned based on the particular type of article to which the design is applied, e.g., a design for a paintbrush would be classified in the subclass 04 “Paint Brushes, brushes for use in cooking” of class 4 “Brushware” (04-04). Some classes may also contain sub-subclasses that further categorize the type of article to which the design is applied.

It is important that the application clearly identifies the finished article so that the design can be classified accurately. For articles with a specialized area of use or a technical nature, additional information about use or purpose may assist the Industrial Design Office in the classification exercise; this information may be provided in a covering letter accompanying the application. If an application is unclear about what the finished article is and how it should be classified, the Industrial Design Office will issue an objection to the design‘s registration and require additional information or modifications to be made to the name of the finished article.

Section 10 – Advanced examination

10.01 – Request and fee

The Industrial Design Office will advance examination of an application out of the routine order on request, including payment of the required fee of $500, if it is paid in 2019, or $511, if it is paid in 2020.

Relevant provision(s): 23 IDR.

Section 11 – Delay of registration

An applicant may wish to delay registration of a design for a variety of reasons. For example, to allow more time to file a divisional application or to file another application for the same design in another country (some jurisdictions may reject an industrial design application if the design has already been registered in another country).

11.01 – Request and fee

A request for delay of registration can be made at any time before registration, provided that the Industrial Design Office has enough time to implement the delay of registration. The request must identify the application affected and be submitted with the required $100 fee.

The Industrial Design Office will delay the registration of the design until the day that is 30 months after the filing date of the application or, if a request for priority was made, 30 months after the earliest filing date of the previously regularly filed application on which the request for priority is based.

The Industrial Design Office will send the applicant a confirmation letter acknowledging receipt of the request once the required information and fee are received.

11.02 – Timing of request

Applicants are advised to submit a request to delay registration and the required fee as early as possible to ensure that it is technically feasible to delay registration. If the Industrial Design Office does not receive the request and fee within a reasonable time, it may be unable to process the request prior to registration. Consequently, applicants are advised to submit their request to delay registration together with the fee when the application is filed, or as early as possible in the process.

11.03 – Withdrawal of a delay of registration

A request for delay of registration may be withdrawn on written request from the applicant or their agent.

There is no fee to withdraw a request for delay of registration. The Industrial Design Office will not issue a refund for a withdrawn request.

Relevant provision(s): 24 IDR.

Section 12 – Withdrawing an application

12.01 – Request

An application may be withdrawn at any time prior to registration, upon written request. The request must clearly identify the application that is to be withdrawn. The examination fee will not be refunded.

If the Industrial Design Office receives the request after a design has been registered, the registration cannot be withdrawn. However, the request for withdrawal will be placed on file.

12.02 – Impact on the date on which the application is made available to the public

An application will not be made available to the public if it is withdrawn at least two months before the prescribed date. However, applicants are encouraged to submit a request to withdraw an application as early as possible to ensure it is technically feasible to withdraw the application. Information on the prescribed date for making an application available to the public is provided in section 20.01 of this Manual. If the application is withdrawn less than two months before the prescribed date, it will nevertheless be made available to the public.

Relevant provision(s): 8.3(5) IDA; 32(4) IDR.

Chapter 3 – Examination

Section 13 – Industrial design subject matter

13.01 – General

The Industrial Design Office examines an application for the registration of a design to assess if:

When an application is filed, the Industrial Design Office will conduct an examination to ensure it was filed correctly. The Industrial Design Office will first determine the filing date of the application. Following this, the design will be classified based on the particular type of article to which the design is applied and formalities will be examined. Formality issues can be raised at any time prior to registration. If there are no formality issues, or they have been addressed following a report, the Industrial Design Office will examine to ensure the subject matter of the design is registrable. The Industrial Design Office also will consider that the applicant or his predecessor in title created the design. Once these steps are completed, the Industrial Design Office will conduct a search for prior art and will assess the novelty of the design.

13.02 – Registrable subject matter

“Design” or “industrial design” is defined in section 2 of the Act as meaning “features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye”.

13.02.01 – “Features of shape, configuration, pattern or ornament”

Features of “shape” and “configuration” refer to the finished article’s 3D structure. “Shape” refers to the external form [4] or outline [5] of the article and “configuration” refers to the arrangement of the parts that make up the finished article. [6]

Features of “pattern” and “ornament” refer to the two-dimensional elements placed on the finished article for decorative purposes. A “pattern” refers to repeating decorative elements which are all the same. Finally, “ornament” refers to any other decorative element placed on the surface of the finished article.

13.02.02 – “and any combination of those features”

The Industrial Design Office considers “and any combination of those features” in the Act’s definition of “industrial design” to mean that a design may be comprised of any combination of shape, configuration, pattern or ornament.

13.02.03 – “in a finished article”
13.02.03.01 – Definition of “finished article”

A finished article means anything that is made by hand, tool or machine. It does not need to be a useful article. The Industrial Design Office applies this definition broadly and considers that a design can be applied to any physical embodiment. [7]

If an application is unclear about what the article is and how it should be classified, the Industrial Design Office will issue an objection to the design‘s registration and require additional information or modifications to be made to the name of the finished article.

13.02.03.02 – Name generally known and understood by the consumer

In an application for the registration of a design, the “finished article” should be identified by a name generally known and understood by the consumer. Limited references to function or construction principles may be accepted provided they are not overly descriptive.

13.02.03.03 – Component parts of an article

The name of the finished article must identify the complete article and not its component parts. When a design is applied to an article with multiple independent parts that assemble to form one finished article, the article should be identified as a single entity.

If the name of the finished article implies that the application contains more than one design or variants, the name will not be accepted. See section 8.04 of this Manual for more information.

Designs applied to component parts of an article may be the subject of separate applications. For example, the Industrial Design Office considers that a light bulb is a finished article even though it is used as part of a lamp because it is sold separately from the lamp. On the contrary, the heel of a sock cannot itself be an article as it cannot be sold separately from a sock.

13.02.04 – “appeal to and are judged solely by the eye”

The features of shape, configuration, pattern and ornament must “appeal to and be judged solely by the eye”. This assessment is from the perspective of the informed consumer who is familiar with the relevant market field. [8]

This requirement is intended to exclude designs where a consumer chooses an article because the design is useful to them and not for its visual appeal. [9] This “appeal” does not need to be judged in an aesthetic or artistic sense. The visual appeal must only attract the attention of the consumer. [10]

13.03 – Unregistrable subject matter

13.03.01 – Solely Functional Designs

A design is not registrable if it is composed only of features that are dictated solely by a utilitarian function. [11]

13.03.02 – Design contrary to public morality or order

A design is not registrable if it is contrary to public morality or order.

The Industrial Design Office considers whether an application is “contrary to public morality” on a case-by-case basis, taking into account generally accepted mores of the time.

As an example of objection on the basis of public order, the Industrial Design Office may refuse to register designs that incorporate images of the 11-point Maple Leaf (Example 36 - Fig. 1) such as the Canadian flag (Example 36 - Fig. 2) or the Official Canadian Coat of Arms (Example 36 - Fig. 3). For more information, please consult the Commercial Use of Canadian Symbols page on the Government of Canada’s Website.