Author: Joe Conneely, Conneely PC
A Canadian industrial design application that has been examined and objected to by the Canadian Industrial Design Office may be issued a “Notification of Possible Refusal” if the objections are not overcome by the applicant. Upon receipt of a Notification of Possible Refusal, the applicant may request a review of the application by the Patent Appeal Board within 3 months of the issue date of the Notification. If neither a response to the Notification nor a request for review by the Patent Appeal Board is submitted within 3 months of the issue date of the Notification, the application will be considered for refusal and the applicant will be informed accordingly. This procedure replaces the Industrial Design Office’s previous refusal practice under which a “Final Report” would be issued for an application having outstanding objections and under which failure to respond to the Final Report would result in abandonment.
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