January 16, 2017
Previously, the Industrial Design Office would issue a “Final Report” upholding its objections to registration. Failure to respond to that report would have led to abandonment.
Effective immediately, the practice of issuing “Final Reports” will be replaced by a “Notification of Possible Refusal.” Once such notification has been issued, the applicant will have three months to request a review of the file by the Patent Appeal Board. If no response is received within three months of the notice, the application will be considered for refusal and the decision, taken on behalf of the Minister, will be communicated to the applicant.
This practice notice is intended to provide guidance on current Industrial Design Office practice but is not binding on the Office. In the event of any inconsistency between the Industrial Design Office Practices guide and this practice notice, the notice is to be followed. In the event of any inconsistency between the practice notice and the applicable legislation, the legislation must be followed.
A fact sheet providing an overview of the changes is also available.