• Design fees

Fees associated with filing industrial design applications in Canada, as well as other design fees, are available in the fee calculator.

• Multiple design applications

A Canadian design application must be limited to one design applied to a single finished article or set or 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. Variants are 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. A set is a number of articles of the same general character ordinarily on sale together or intended to be used together. 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.

• Filing requirements in Canada

An application for design registration in Canada may be filed in one of the official languages – English or French.

To obtain a filing date, it is necessary to provide the Industrial Design Office with an explicit or implicit indication that the registration of a design is sought, the name and address of the applicant, a title identifying the finished article to which a design relates, and a representation of the design in the form of drawings or photographs of the design.

If the priority of a design application is claimed, submission of the Priority Document is not usually required unless it is requested by the Industrial Design Office. However, the request for priority including the name of the country in or for which the application was filed, the foreign application number and the filing date of the foreign application should be filed to the Office within six months from the date of filing of the foreign application.

No Power of Attorney is required when filing an industrial design application.

The term for filing industrial design applications claiming priority in Canada is six months from the priority date.

• Examination of a design application in Canada

A design application filed with the Industrial Design Office undergoes examination as to form, unity, and novelty. The novelty assessment compares the design in an application with the prior art in order to assess if the same or a substantially similar design is applied to a finished article that is the same as or analogous to the finished article in respect of which the design is to be registered.

• Novelty grace period

If the disclosure of information on the industrial design has been made by the applicant, his predecessor in title or any person who obtained information on the design directly or indirectly from the applicant or his predecessor within 12 months before the date of filing or the priority date, such disclosure does not disprove the novelty of industrial design.

• Grant, validity term and maintenance fees

No official grant fee is required to be paid. For applications filed on or after November 5, 2018, the validity term of an industrial design in Canada ends on the later of 10 years after the registration date or 15 years from the Canadian filing date. For applications filed before November 5, 2018, the validity term is 10 years from the date of registration. 

To maintain the design beyond the initial five years, the maintenance fee must be paid before the expiration of five years after the registration date. This payment covers the remaining term of validity. Late payment is possible within a six-month grace period by paying a corresponding surcharge. 

• Duration of registration procedure

The processing time of a design application in Canada from first filing to registration is approximately 12-18 months.

• Representation by a patent attorney

A person may appoint an agent to represent them in business before the Industrial Design Office. If an agent is appointed, the applicant must use 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.

•  Note

Online database for Canadian Designs Search.

The information was verified by NEXUS LAW GROUP LLP on 02.05.2024
Please contact us if the above information is not in conformity with Canadian IP Laws