Author: Joe Conneely, Conneely PC
A Canadian industrial design application may be examined by the Canadian Industrial Design Office as early as 6 months from the claimed priority date provided that the applicant files a certified copy of the priority document (or application). The priority document must support the priority claim. If there is no priority claim in the application or if a certified copy of the priority application is not filed, then the application will be examined by the Industrial Design Office not earlier than 6 months from the Canadian filing date.
During examination, the Industrial Design Office conducts a prior art search to determine whether the design is original and reviews the application and drawings to determine whether various formalities set out in the Industrial Design Act, Industrial Design Regulations, and Industrial Design Office Practices guide are met. If the Industrial Design Office determines that the application is lacking in some respect, the Office will issue an Office Action (or Examiner’s Report) setting out its objections to registration of the design. The applicant must respond to the Office Action within 3 months of its issue date or the application will become abandoned.
For further information, or if you have any questions, please contact us.
At Conneely PC, we expertly draft, file, and prosecute industrial design applications. Our industrial design drafting and prosecution experience extends from display screens and icons to containers, furniture, vehicles, consumer electronics, fashion, and apparel. If you need an experienced Canadian design lawyer, agent, or attorney for prosecuting your design applications in Canada, please contact us. By specializing, using the latest technology, and controlling overhead costs, we deliver great service for reasonable fees.
