Previous version of the Industrial Design Office Practice Guide

This previous guide to operational procedures and examination practices for industrial designs, last updated on May, 2, 2017 is not in force for applications with a filing date on or after November 5, 2018. This guide remains available as some sections are still applicable to applications with a filing date prior to November 5, 2018.

For applications with a filing date on or after November 5, 2018, this version has been replaced by the Industrial Design Office Practice Manual.

Industrial Design Office Practice Guide and Annex A – Version of May 2, 2017 to November 4, 2018

Annex B – Version of May 2, 2017 to November 4, 2018

Transitional table: practices applicable to applications filed before November 5, 2018

Applications with a filing date prior to November 5, 2018 will generally be examined as per the practices of the previous IDOP Guide (version of May 2, 2017 to November 4, 2018) with the exception of some sections that are replaced by similar but more detailed practices found in the new IDOP Manual (version of November 5, 2018). See the following transitional table for more information:

Transitional table
Previous IDOP Guide – Version of May 2, 2017 to November 4, 2018 Current Status New IDOP Manual – Version of November 5, 2018 Comments
Chapter 1– Correspondence Replaced Chapter 1 – Administration  
Chapter 2 – Filing date requirements Applicable    
Chapter 3 – Other filing requirements Applicable    
Chapter 5 – Section 5.1 Classification Replaced Section 9 – Classification  
Section 5.2 – Search Applicable    
Chapter 6 – Examination Applicable    
Chapter 7– Extension of time Replaced Section 14.01.01 – Response time and extension of time  
Chapter 8 – Abandonment Replaced Section 15.01 – Abandonment  
Chapter 9 – Reinstatement Replaced Section 15.02 – Reinstatement  
Chapter 10 – Withdrawal Applicable    
Chapter 11 – Delay of registration Applicable   Even though Chapter 11 is still applicable, we wish to inform you that the fees required are no longer prescribed by item 9, but rather by item 11 of the Tariff of Fees of the Industrial Design Regulations.
Chapter 12 – Registration Applicable    
Chapter 13 – Amendment of a design registration Replaced Section 19.05 – Correction to a registration  
Chapter 14 – Maintenance Replaced Section 21 – Maintenance of exclusive right See section 37.02.09 of the IDOP Manual for more information.
Chapter 15 – Assignments and other agreements Replaced
  • Section 3 – Transfers
  • Section 4 – Licenses and security agreements, change of name or address
  
Annex A – Originality: Guiding principles Applicable    
Annex B – Sample Drawings Applicable  

For more detailed information on drawing techniques, applicants can also refer to the following sections of the new IDOP Manual, which are also applicable to applications filed before November 5, 2018:

  • Section 8.04.01 – Use of stippled lines to create variants
  • Section 8.05.03.02 – Use of background
  • Section 8.05.03.03 – Shadow
  • Section 8.05.05.11 – Cross-sectional view
  • Section 8.05.05.12 – Enlarged fragmentary or magnified view
  • Section 8.05.05.17 – Exploded views
  • Section 8.06.02.05 – Boundary line to limit the design to part of the article

Practice Notices

These practice notices provide guidance on Industrial Design Office practice and the interpretation of relevant legislation. The following notices are no longer applicable and have been replaced by the Industrial Design Office Practice Manual:

2017-05-10

Correspondence Procedures

2017-05-02

Update: Colour as a registrable feature of an industrial design

2017-01-16

Timing of search to assess the originality of an industrial design application where there is a priority claim

2017-01-16

Time limits to respond to office actions - Industrial Designs

2017-01-16

Implementation of notices of possible refusal - Industrial Designs

2017-01-16

Colour as a registrable design feature of an industrial design

2017-01-16

Application for protection of computer-generated animated designs

Fact sheet – Industrial Design Office practice changes of May 2, 2017

This fact sheet has been issued to provide additional information in relation to practice changes implemented on January 16, 2017 and revised on May 2, 2017.

On this page

  1. Correspondence
    1. 1.1 Delivery to the Commissioner
    2. 1.2 Transmission by electronic means
    3. 1.3 General rules
    4. 1.4 Third party correspondence
    5. 1.5 Time limits
    6. 1.6 Correspondence procedures
    7. 1.7 Payment of fees
  2. Filing date requirements
    1. 2.1 Name/address of applicant and if agent, name/address of agent
    2. 2.2 Title identifying the finished article
    3. 2.3 Description identifying features that constitute the design
    4. 2.4 Drawings and photographs
  3. Other filing information
    1. 3.1 Filing date for a divisional
    2. 3.2 The fee as per Item 1 of the Tariff of Fees
    3. 3.3 Form set out in Schedule 1 of the Regulations
    4. 3.4 Priority
      1. 3.4.1 Canada's obligation under the Paris Convention
      2. 3.4.2 Requirements for claiming the benefit of Convention priority
      3. 3.4.3 Priority right in respect of only certain figures in the drawings
      4. 3.4.4 Priority right in the case of citation of a pending design
  4. Request for accelerated examination
  5. Classification and search
    1. 5.1 Classification
    2. 5.2 Search
  6. Examination
    1. 6.1 Industrial design subject matter
    2. 6.2 Elements of an application
    3. 6.3 Prescribed fee
    4. 6.4 Prescribed form
      1. 6.4.1 Applicant name/address
      2. 6.4.2 Agent name/address
      3. 6.4.3 Canadian representative for service
      4. 6.4.4 Title identifying the article to which the design is applied
      5. 6.4.5 Description identifying the features that constitute the design
      6. 6.4.6 Examples of acceptable descriptions
    5. 6.5 Drawings or photographs
      1. 6.5.1 General requirements
      2. 6.5.2 Requirements for drawings only
      3. 6.5.3 Bold, wavy lines in drawings
    6. 6.6 Originality
    7. 6.7 Divisional and similar designs filed by the same applicant
      1. 6.7.1 More than one design
      2. 6.7.2 Co-pending applications
    8. 6.8 Amendment of an application
  7. Extension of time
  8. Abandonment
  9. Reinstatement
  10. Withdrawal
  11. Delay of registration
  12. Registration
  13. Amendment of a design registration
  14. Maintenance
  15. Assignments and other agreements
    1. 15.1 Recordal
    2. 15.2 Notice of Omission
  16. Annex A – Originality: Guiding principles
  17. Annex B: Sample Drawings
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