Required to Obtain a Filing Date
Name and address of applicant.
Title of design.
Drawing or photograph of design.
Written description of design.
(We can prepare a description sufficient to obtain a filing date from a drawing or photograph of the design.)
Convention Priority
Convention priority may be claimed if the Canadian application is filed within six months of the earliest application in any country, and it may be claimed at any time while the Canadian appplication is pending.
It is only necessary to give the serial number and filing date of the convention application, and it is not necessary to file a certified copy of the convention application.
Notes
1. Subject Matter
An Industrial Design is defined as features of shape, configuration, pattern or ornament or any combination of these features applied to an article that, in the finished article, appeal to and are judged solely by the eye. No protection shall extend to features of a useful article dictated solely by a utilitarian function of the article, or to any method or principle of manufacture or construction.
An application can cover more than one design, provided that all of the included designs do not differ substantially from one another.
2. Applicant
An application to register a design can be filed only by the "proprietor" of the design. The author is the first proprietor unless the author was paid by another party to make the design, in which case the other party is the first proprietor. A design may be assigned to a subsequent proprietor by an instrument in writing, either before or after filing an application. If the design is assigned after filing, the assignment must be registered to record title in the name of the new proprietor. It may be prudent to register an assignment made prior to filing. An applicant should in any event ensure that it can demonstrate its proprietorship and can identify the author and any earlier proprietors, and has assignments or other documents that establish its chain of title.
3. Execution of Application
We can sign the application as agents for the applicant.
4. Written Description
The written description required is a succinct statement of the characterizing features of the design.
5. Drawings
The drawings or photographs should be on sheets of good quality white paper. Drawings or photographs should be of 8" x 13" or European A-4 size. Photographs must be in black and white, and meet one of those paper sizes. Photographs cannot be mounted on appropriately sized paper.
6. Novelty
The Canadian application must be filed within 1 year from the first publication of the design anywhere, and this is unaffected by any priority claim.
