Industrial Design Office Practice Manual

The Industrial Design Office Practice Manual (the IDOP or the Manual) provides information on the operational procedures and examination practices of the Industrial Design Office of the Canadian Intellectual Property Office (CIPO).

Practices expressed in the IDOP reflect the Industrial Design Office’s interpretation of the Industrial Design Act [1] (the Act or IDA), the Industrial Design Regulations [2] (the Regulations or IDR) and jurisprudence as of the date of the last update. While this Manual provides information on current office practice, it is not binding on the Industrial Design Office. In the event of any inconsistency between the Manual and the applicable legislation, the legislation must be followed.

This Manual replaces the IDOP Guide dated May 2, 2017, and has been updated to reflect changes to the Act and the Regulations, which came into force on November 5, 2018. The Manual will be updated periodically to reflect changes to the statutory, regulatory and jurisprudential framework governing industrial design rights in Canada. For information on
the change history, please consult Annex B of this Manual.

Document overview

Many of the practices outlined in this Manual were developed to support Canada’s accession to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs [3] (the Hague Agreement), which establishes an international registration system – the Hague System – that allows industrial designs to be registered in multiple countries or jurisdictions through a single streamlined process. Other provisions have been introduced to modernize Canada’s industrial design regime by updating, clarifying and codifying aspects of the industrial design framework.

The IDOP is structured in three parts:

Part 1 describes how to file and prosecute industrial design applications and how the Industrial Design Office examines, registers and publishes these applications. This part is applicable to both national and Hague applications and registrations unless otherwise specified.
Part 2 contains information on practices that relate solely to international registrations which designate Canada.
Part 3 provides details on the transitional provisions and applicable office practices for applications filed before and registered after the coming into force of the Act and Regulations.

Part 1 – Practices applicable to all applications and registrations

Chapter 1 – Administration

Section 1 – Communications with the Industrial Design Office

1.01 – Address for correspondence

Mail intended for the Industrial Design Office must be addressed to:

Industrial Design Office

Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, Room C-114
Gatineau QC K1A 0C9

Documents, information or fees delivered to the above address are deemed to have been received on the actual date of their delivery if they are delivered when CIPO is open to the public (8:30 a.m. to 4:30 p.m. (Eastern Time) Monday to Friday).

Documents, information or fees delivered at a time when CIPO is closed to the public will be deemed to have been received on the day on which CIPO is next open to the public. Please be advised that once CIPO receives correspondence it cannot be returned to the sender, even if the sender states that the correspondence was sent in error. All material must be addressed to the “Industrial Design Office” and enclosed in a sealed envelope.

1.02 – Physical delivery to designated establishments

As of August 16, 2021, CIPO no longer accepts physical delivery of documents, information or fees, to designated establishments that are regional offices. All material should be submitted electronically where possible or delivered directly to the Industrial Design Office at the address indicated in section 1.01 of this Manual.

1.03 – Registered Mail™ and Xpresspost™ services of Canada Post

Although physical delivery to designated establishments that are regional offices is no longer accepted, the Registered Mail™ and Xpresspost™ services of Canada Post remain designated establishments through which documents, information or fees intended for the Industrial Design Office may be delivered.

CIPO considers that documents, information or fees delivered through these services are received on the day indicated on the mailing receipt from Canada Post, provided that CIPO is open to the public on that day. If CIPO is closed to the public on that day, the documents, information or fees will be deemed to be received on the day when CIPO is next open to the public.

1.04 – Electronic mediums

Documents, information or fees may be submitted by physical delivery of an electronic medium directly to CIPO. These documents, information or fees will be deemed to have been received on the day on which they are delivered, as described in sections 1.01, 1.02 or 1.03 of this Manual, as applicable.

All electronic mediums must be free of worms, viruses or other malicious content. Files with malicious content will be deleted.

The Industrial Design Office will accept the following types of electronic mediums: CD-ROM,
CD-R, DVD, DVD-R, and USB stick. See section 1.05.02 of this Manual for information on the acceptable electronic file formats.

1.05 – Electronic communications to the Industrial Design Office

Documents, information or fees may be sent by using the online services identified below or by facsimile. Documents, information or fees submitted by these electronic means are deemed to have been received on the day on which CIPO receives them (Eastern Time). Accordingly, the filing date of an application filed using online services or facsimile will be the date on which all required information was received by CIPO whether it is open to the public or not.

1.05.01 – Online services

Communications may be sent via CIPO’s website by accessing the following web pages:

Please note that the use of online services, including the E‑mailbox application for industrial designs, requires a valid e-mail address and an account with Innovation, Science and Economic Development Canada (ISED), known as a “My Canada Business Account” (formerly “My ISED Account”). If you do not already have a “My Canada Business Account”, visit the login page to create one.

1.05.01.01 – Industrial Design E-Services application

The Industrial Design E-Services application may be used to file an industrial design application through a step-by-step process or by using a template or data from a previously filed application.

This online service also provides a secure, simple and fully integrated form to respond to office actions or file amendments to existing industrial design applications. This E-Amendment functionality is integrated with the internal systems within the Industrial Design Office. In order to maintain the confidentiality of industrial design applications, only an authorized user will be able to see the content of the application when they file an amendment. A user who is not authorized will still be able to file an amendment, but will not be able to see the content of the application. Authorizations and permissions can be managed using CIPO’s E-Access application for industrial designs.

An authorized user may also use the Industrial Design E-Services application to make the following requests:

Change the name or address of an applicant (see section 4.02 of this Manual);
Change the name or address of an agent (see section 2.03 of this Manual);
Request a refund (see section 5.04 of this Manual).

1.05.01.02 – Industrial Design General Correspondence application

The Industrial Design General Correspondence application may be used to send general comments or questions to the Industrial Design Office.

The application may also be used to file instructions with respect to a specific application or registration or to pay fees for various services, including advanced examination, delay of registration and reinstatement. Where a communication in respect of a specific application relates to a transaction listed in section 1.05.01.01 of this Manual, it is recommended to use the Industrial Design E-Services application rather than the General Correspondence application.

1.05.01.03 – Industrial Design Maintenance Fees application

The Industrial Design Maintenance Fees application may be used to pay the maintenance fee for industrial design registrations. See section 21 of this Manual for more information on the maintenance of the exclusive right.

1.05.02 – Electronic file formats

The acceptable file formats for documents submitted electronically via the website are WPD, DOC, DOCX and PDF.

The acceptable file formats for the representation of a design are PDF, JPEG, TIFF, and GIF. The file size limit is of 60 MB for PDF and 10 MB for the other file formats. Dimensions of the scanned/stored images must match those of the paper requirements, namely 21.59 cm by 27.94 cm (8.5 in by 11 in) and be of a resolution of at least 300 dpi. Any representation of a design not meeting minimal requirements will be automatically converted.

1.05.03 – Facsimile

Communications in black and white may be sent by facsimile to the following numbers:

(819) 953-CIPO (2476) or
(819) 953-OPIC (6742)

Communications in colour must be sent to the following number:

(819) 934-3833

Note that the model of facsimile is a Xerox C505/X and that this information may be needed to ensure a successful colour transmission.

Communications sent to any other number will be considered not to have been received by CIPO. The facsimile electronic transmission report will constitute acknowledgment of receipt from CIPO.

Please note that confidentiality of the facsimile transmission process cannot be guaranteed and that CIPO strongly discourages the use of a computer facsimile interface or internet-based facsimile services due to technical issues with reception.

If there is a fee associated with the communication, the preferred method of payment must be prominently displayed on the Fee Payment Form to ensure expedient processing.

1.06 – Electronic communications from the Industrial Design Office

Communications from the Industrial Design Office may be made available electronically through CIPO’s E-Mailbox application for industrial designs. E‑Mailbox allows applicants to access communications quickly and efficiently via an online platform, providing an alternative to paper-based correspondence. Access rights to electronic communications, including granting access to other users, can be managed through the new CIPO’s E-Access application for industrial designs.

1.06.01 – Specifying a preferred method for receiving communications

The applicant may specify a preferred method for receiving communications from the Industrial Design Office, either paper or electronic. This can be done in a cover letter accompanying the application or, if filed online, by selecting a preferred method of correspondence in the appropriate section of the filing process.

If paper correspondence is preferred, the applicant will receive communications from the Industrial Design Office on paper. When the Industrial Design Office receives a paper application, it will also continue to communicate by paper unless the application clearly indicates a preference for communications to be made available electronically.

If electronic correspondence is preferred, communications will be made available electronically on CIPO’s E-Mailbox application for industrial designs. Please note that an email address is required to use this service.

Should the applicant wish to change its preferred method for receiving communications, this can be done by informing the Industrial Design Office in writing or through CIPO’s Industrial Design General Correspondence application.

1.06.02 – CIPO’s E-Mailbox application for industrial designs

Should the applicant indicate that electronic correspondence is preferred; communications will be made available electronically on CIPO’s E-Mailbox application for industrial designs.

Any communication made available by the Industrial Design Office to the applicant using CIPO’s E-Mailbox application will be deemed to have been sent to the applicant. The Industrial Design Office will use the E-Mailbox application only if the applicant has consented to receiving communications by that means.

Once a communication has been made available by the Industrial Design Office on the E‑Mailbox application, the applicant will be notified of that fact via an email sent to the email address of record.

Please note that the applicant cannot use the E‑Mailbox application to respond to communications from the Industrial Design Office. Any communication to the Industrial Design Office must be made by paper, through the online services identified in section 1.05.01 of this Manual or by facsimile.

1.06.02.01 – Configuring access and permissions for user accounts

To maintain the confidentiality of industrial design applications and to ensure only authorized individuals are able to access communications in the E‑Mailbox, access and permissions must be configured for each user account.

Access and permissions can be managed using CIPO’s E-Access application for industrial designs. Through the E-Access application, a user is authenticated and can grant or remove user access rights to the E‑Mailbox. Note that law firms have a unique E-Mailbox for all their respective files, and access rights can be granted to different agents and staff using the E‑Access application.

Should you encounter any difficulties with electronic applications or if you require help setting-up your account, getting authorized or managing user permissions, please send an email to: Industrial Design Office IT Inquiries or contact CIPO’s Client Service Centre.

1.07 – Deadlines extended

If a deadline ends on one of the following days or on a day that is designated by the Minister, that deadline will be extended to the next day on which CIPO is open to the public:

Every Saturday and Sunday;
January 1^st or, if January 1^st falls on a Saturday or a Sunday, the following Monday;
Good Friday;
Easter Monday;
The Monday preceding May 25^th;
June 24 or, if June 24 falls on a Saturday or a Sunday, the following Monday;
July 1^st or, if July 1^st falls on a Saturday or a Sunday, the following Monday;
The first Monday in August;
The first Monday in September;
September 30 or, if September 30 falls on a Saturday or Sunday, the following Monday;
The second Monday in October;
November 11 or, if November 11 falls on a Saturday or Sunday, the following Monday;
December 25 and 26 or, if December 25 falls on

a Friday, that Friday and the following Monday, or;
a Saturday or a Sunday, the following Monday and Tuesday; and,

Any day on which CIPO is closed to the public for all or part of that day during ordinary business hours.

Not all provincial and territorial holidays are days where deadlines will be extended. It is recommended that applicants be mindful of their specific local holidays and ensure that any response to the Industrial Design Office be filed as early as possible. If the time period to reply to a report is insufficient, the applicant may request an extension. See section 14.01.01 of this Manual for more details on extension of time.

1.08 – Communications with the Industrial Design Office

A person doing business before the Industrial Design Office must provide their postal address.

Generally, applicants choose to appoint an agent to represent them. See section 2.01 of this Manual for more information on how to appoint an agent. If an agent has been appointed, the Industrial Design Office will send communications to that agent.

If no agent has been appointed, the Industrial Design Office will only communicate with the applicant. If desired, an applicant may provide an address for correspondence that is different from the applicant’s address.

If there is more than one applicant, the Industrial Design Office will communicate with the applicant authorized by the other applicant(s) to act as the address for correspondence. If an address for correspondence was not provided, the Industrial Design Office will communicate with the first applicant named in the application.

Any written communication in respect of an application must contain the name of the applicant and, if known, the application number. Likewise, written communications in respect of a registered design must contain the name of the registered proprietor and the registration number.

All documents submitted to the Industrial Design Office must be clear, legible and permit direct reproduction. The Industrial Design Office may ask applicants to resubmit documents if they do not meet these requirements.

1.09 – Communications from a third party

Generally, the Industrial Design Office will not send correspondence to a third party concerning the prosecution of an application. Third party correspondence submitted to the Industrial Design Office with the apparent intent of protesting the registration of a design will be acknowledged and placed on file; no information will be provided to a third party as to the action taken by the Industrial Design Office. Note that this communication forms part of the file and will be made available to the public with the application or registration. For more information on the prescribed date on which an application will be made available to the public, see section 20.01 of this Manual.

1.10 – Material not in English or French

The Industrial Design Office will disregard any part of a document that is submitted in a language other than French or English with the exception of the representation of the design or a priority document. See section 8.07.08 of this Manual for more information on requests for priority documents.

Relevant provision(s): 24.1(1) IDA; 2, 4, 5(1) to (3), 6 to 11 IDR.

Section 2 – Agents and representation

2.01 – Appointment of agent

A person may represent themselves, or appoint an agent to represent them in business before the Industrial Design Office. If an agent is appointed, the applicant must be represented by that agent to prosecute their application. If an agent has been appointed, the Industrial Design Office will accept only instructions from that agent to avoid receiving different or conflicting instructions.

2.01.01 – Requirements

In order for an agent to be considered appointed, the Industrial Design Office must receive a notice of appointment that includes the name and postal address of the appointed agent. The applicant’s signed authorization to appoint an agent is not required.

The appointed agent should be identified clearly, either in the application itself or in a separate document. When the Industrial Design Office receives this information, it will send a confirmation of appointment to both the applicant and the appointed agent, except when the agent is appointed in the application at time of filing. If the notice of appointment omits the required information, the Industrial Design Office will notify both the applicant and the requestor that the appointment is considered without effect.

Note that the appointment of a representative in an International application is only effective before the International Bureau of the World Intellectual Property Organization (WIPO). Should the applicant wish to appoint an agent in Canada, a notice of appointment must be communicated directly to the Industrial Design Office. The international registration number and the associated Canadian application (Hague application) number(s), if known, should be identified clearly on the notice of appointment of agent. If an international registration contains multiple designs and only the international registration number was provided, the agent will be considered appointed on all corresponding Hague applications.

2.01.02 – Exceptions

Although the Regulations generally stipulate that if an agent is appointed, the applicant must be represented by that agent to prosecute their application, exceptions exist where, notwithstanding the appointment of an agent, an applicant may represent themselves or be represented by an authorized person, to do any of the following:

File an application;
Pay a fee;
Give notice of the appointment or revocation of an agent;
Request a transfer; and
Provide evidence of a transfer.

2.01.03 – Effective date

The appointment of an agent is effective beginning on the day on which the Industrial Design Office receives the notice of appointment.

2.02 – Revocation and change of agent

The appointment of an agent may be revoked at any time by sending a notice to the Industrial Design Office.

2.02.01 – Request for revocation

The appointed agent may be changed by sending a notice of revocation of the former agent to the Industrial Design Office and a notice of appointment with the name and postal address of the newly appointed agent. The signature of the applicant is not required to revoke an agent.

When notice of the revocation is provided by the current agent, the applicant or the person authorized by the applicant, the Industrial Design Office will send a confirmation to the revoked agent and the applicant.

2.02.02 – Effective date

The revocation of an agent and the appointment of a new agent start on the day on which the Industrial Design Office receives the notice of revocation and the notice of appointment.

2.03 – Change of name or address of agent

The Industrial Design Office will record a change in the name or address of an appointed agent upon request. Please note that such a change will affect all applications and registrations for which the agent is appointed.

Relevant provision(s): 12(1) to (6) IDR.

Section 3 – Transfers

3.01 – Non-application to Hague applications or registrations

Specific rules apply to the transfer of Hague applications or registrations. These are outlined in section 31 of this Manual.

3.02 – Request for recordal or registration of a transfer

Every design, whether registered or unregistered is transferable, in whole or in part. The Industrial Design Office will record or register a transfer upon receipt of a written request that includes the name and postal address of the transferee and the required fee of $100 per application or registration. An applicant or any person authorized by them may make a request to record a transfer and pay the fee, whether there is an agent on file or not.

3.02.01 – Mergers

A merger usually results in a change in the identity of the applicant or registered proprietor. Consequently, a request to record a merger is generally treated as a request for transfer. The Industrial Design Office will record or register the merger upon receipt of a written request that includes the name and postal address of the new entity and the required fee of $100 per application or registration.

Additionally, unless submitted by the applicant or the registered proprietor, evidence of the merger is required. The Industrial Design Office will assess all evidence on a case-by-case basis and will contact the requestor if additional documentation or clarification is required.

If the merger does not result in a change to the identity of the applicant or the registered proprietor, please inform the Industrial Design Office when submitting your request. Additionally, a merger may also merely result in a change of name. In both cases, the accompanying $100 fee per application or registration is not required.

3.03 – Evidence of a transfer

Evidence of the transfer is required when a request to record or register a transfer is submitted by the transferee. The Industrial Design Office will assess all evidence on a case-by-case basis and will contact the requestor if additional documentation or clarification is required.

Evidence of the transfer is not required when a request to record or register a transfer is submitted by the applicant or the registered proprietor.

3.04 – Removal of a recordal or registration of a transfer

If the Industrial Design Office receives satisfactory evidence that the recordal or registration of a transfer should not have been made, it will remove the recording or registration of that transfer.

The Industrial Design Office is not authorized to remove the registration of a transfer on a registered design for the reason only that the transferor had previously transferred the registered design to another person.

Relevant provision(s): 13(1) to (6) IDA; 34 IDR.

Section 4 – Licenses and security agreements, change of name or address

4.01 – Licenses and security agreements

The Act and Regulations do not provide for the recordal of licenses and security agreements. However, any person may provide the Industrial Design Office with copies of a licence and/or a security agreement that relates to a registered design or an application for the registration of a design. The Industrial Design Office will keep these documents on file and make them available to the public to the extent that they relate to a registered design or an application that is available to the public. See section 20.01 of this Manual for more information on when applications and related documents are made available to the public.

A confirmation of receipt will be sent to the requestor.

4.02 – Change of name or address

The Industrial Design Office will register a change of name or address of a registered proprietor upon request.

If an applicant requests to change the name or address on their application, the Industrial Design Office will process this request as an amendment to the application.

In both cases, a change that alters the identity of a person is considered to be a transfer and not a change of name. See section 3.01 of this Manual for more information on transfers.

In the event that the wrong applicant was named in the application, the Industrial Design Office may substitute the applicant before registration if it is satisfied that the person was the proprietor when the application was filed.

4.02.01 – Hague applications or registrations

A change of name or address affecting Hague applications or Hague registrations must not be submitted directly to the Industrial Design Office. Rather, the applicant or registered proprietor must contact the International Bureau of WIPO to request the recording of a change in name or postal address of the holder.

Relevant provision(s): 4(2) IDA; 25(2)(a), 35 IDR.

Section 5 – Fees

As prescribed by the Regulations, the applicant must pay different fees during the industrial design registration process.

5.01 – Annual adjustment

The Service Fees Act (SFA) increases transparency, accountability and predictability regarding service fees. It also helps ensure that fees charged keep pace with inflation by prescribing an annual adjustment of fees based on the previous year’s percentage of change in the April All-items Consumer Price Index published by Statistics Canada. Accordingly, certain fees for industrial design services will be adjusted every year on the first of January.

On January 1, 2023, the fees for examination, maintenance, reinstatement and advanced examination will increase by 3.4% in accordance with the SFA. As a result, the amounts shown in the Tariff of Fees of the Regulations may not be up-to-date. To find out the exact amount required, please consult the list of fees available in section 5.02 of this Manual or on CIPO’s website.

5.02 – List of fees

Examination of an application

Basic fee for the examination of an application

2022 Fees ($CDN): $416.15
2023 Fees ($CDN): $430.30

Additional fee, for each page of the representation in excess of 10 pages

2022 Fees ($CDN): $10.40
2023 Fees ($CDN): $10.75

Maintenance of the exclusive right

Fee for the maintenance of the exclusive right accorded by the registration of a design

2022 Fees ($CDN): $364.12
2023 Fees ($CDN): $376.50

Additional late fee for the maintenance of the exclusive right accorded by the registration of a design

2022 Fees ($CDN): $50.00
2023 Fees ($CDN): $50.00

Recording or registering a transfer

Fee for the recording or registering of a transfer, for each application or registration to which the transfer relates

2022 Fees ($CDN): $100.00
2023 Fees ($CDN): $100.00

Provision of copies

Fee for the provision of a paper copy of a document, for each page

If the user makes the copy using CIPO’s equipment

2022 Fees ($CDN): $0.50
2023 Fees ($CDN): $0.50

If CIPO makes the copy

2022 Fees ($CDN): $1.00
2023 Fees ($CDN): $1.00

Fee for the provision of an electronic copy of a document

For each request

2022 Fees ($CDN): $10.00
2023 Fees ($CDN): $10.00

For each application or registration to which the request relates

2022 Fees ($CDN): $10.00
2023 Fees ($CDN): $10.00

If the copy is requested on a physical medium, for each physical medium provided other than the first

2022 Fees ($CDN): $10.00
2023 Fees ($CDN): $10.00

Provision of certified copies

Fee for the provision of a certified paper copy of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules

For each certification

2022 Fees ($CDN): $35.00
2023 Fees ($CDN): $35.00

For each page

2022 Fees ($CDN): $1.00
2023 Fees ($CDN): $1.00

Fee for the provision of a certified electronic copy of a document, other than a certified copy made under Rule 318 or 350 of the Federal Courts Rules

For each certification

2022 Fees ($CDN): $35.00
2023 Fees ($CDN): $35.00

For each application or registration to which the request relates

2022 Fees ($CDN): $10.00
2023 Fees ($CDN): $10.00

Reinstatement of an abandoned application

Fee for the reinstatement of an abandoned application

2022 Fees ($CDN): $208.07
2023 Fees ($CDN): $215.14

Advanced examination

Fee for processing a request to advance the examination of an application

2022 Fees ($CDN): $520.18
2023 Fees ($CDN): $537.87

Delaying of registration

Fee for delaying the registration of a design

2022 Fees ($CDN): $100.00
2023 Fees ($CDN): $100.00

5.03 – Payment

The applicant or any person authorized by the applicant may pay fees, even when an agent is appointed.

For services that are subject to an annual adjustment, the amount to be paid depends on the date on which the payment is received by the Minister, even if the request was originally made prior to the annual adjustment. For example, if an application is filed before January first but the examination fee is paid only after that date, the adjusted fee for the new year will be required.

For more information on the payment of fees, please refer to the practice notices entitled Fee Payment Practice of the Canadian Intellectual Property Office, and Fee Payment: General Authorization to Charge a Deficiency, dated June 8, 2009.

Please refer to our website for more information on the different methods of payment accepted by CIPO.

5.04 – Refunds

Upon written request, the Industrial Design Office will refund any amount paid in excess of the fee prescribed. A request for refund must be received by the Industrial Design Office no later than three years after the day on which the fee was paid.

For greater certainty, amounts paid in excess of the fee prescribed for the purpose of refunds include:

paying more than the fee listed in section 5.02 of this Manual or on CIPO’s website;
fees paid for a service for which there is no fee;

fees paid for a service that was not provided.

5.04.01 – Examination service provided

Note that the examination of an application is considered to have begun upon assessment of the formal requirements (e.g., the filing requirements). As such, the service is considered to have been provided notwithstanding that the design may not have been reviewed by an examiner. If a request for the withdrawal of an application and refund of the fee is received after the assessment of formal requirements, the examination fee will generally not be refunded.

5.04.01.01 – Exception

Exceptionally, payment of the examination fee for multiple identical applications may be refunded after the assessment of formal requirements, but only in cases where the duplicate filings result from an office error or a technical malfunction of the online system. If it is established that such error or malfunction has occurred, the Industrial Design Office will refund the examination fee provided that the duplicates are withdrawn and that a request for refund is received no later than three years after the day on which the fees were paid.

5.04.02 – Delay of registration service provided

Note that the service of delayed registration is considered to have been provided when the delay is recorded on the file. From this point on, the fee paid will not be refunded.

5.05 – Remissions

In accordance with section 7 of the Service Fees Act, the Industrial Design Office must remit a portion of a fee when the established service standard associated with certain fees has not been met. Please refer to the Remissions at CIPO web page and the CIPO’s Program Annex for more information on how the principles and requirements of the Innovation, Science and Economic Development Canada Remission Policy are applied within CIPO.

Relevant provision(s): 12(4) and 38 IDR; 7 and 17(1) SFA.

Section 6 – Access to applications and related documents

6.01 – Access to applications

Industrial design applications are confidential until the prescribed date on which they are to be made available to the public. Please see section 20.01 of this Manual for details on determining the prescribed date.

Prior to being made available to the public, applications are available only to the applicant or the applicant's agent, unless the Industrial Design Office receives written authorization from the applicant or the applicant's agent allowing someone else to obtain them.

6.02 – Copies of documents

6.02.01 – Ordering copies from the Client Service Centre

Please contact the Client Service Centre to order copies of an application or registration. More information on the Client Service Centre’s products and services is found on the Client Service Centre web page.

You may also order copies of documents online through CIPO’s website.

6.02.02 – Application made available on WIPO’s Digital Access Service

An industrial design application can be made available to other Intellectual Property Offices (IPOs) through WIPO’s Digital Access Service, an electronic digital library allowing priority documents to be securely exchanged between participating IPOs.

The Industrial Design Office will make available the application only upon written request. Such requests may be made either at the time of filing or subsequently. If the applicant chooses to make the request at the time of filing, it can be included in a cover letter for an application filed on paper, or in the Comments box of the Additional Services section for applications filed using CIPO’s Industrial Design E-Services application. Alternatively, such request may also be made subsequently by sending a letter to the Industrial Design Office or by using CIPO’s Industrial Design General Correspondence application.

Once the application is made available on WIPO’s Digital Access Service, the Industrial Design Office will send to the applicant a notice of confirmation, indicating the access code which may be shared with a participating IPO.

Please note that all industrial design applications can be made available through WIPO’s Digital Access Service, regardless of when they were filed.

6.03 – Exception for Hague applications or registrations

For copies of Hague applications or registrations, please contact the WIPO International Bureau. See the Extract and Certified Copies section of the Hague Guide for Users for more information.

Copies of Canadian documentation in relation to Hague applications or registrations can be obtained by contacting the Client Service Centre.

Relevant provision(s): 32 IDR.

Chapter 2 – Application procedures and requirements

Section 7 – Filing date of an application

7.01 – General

The filing date of an application, other than for a divisional or a Hague application, is the day on which the Industrial Design Office receives all of the following:

An explicit or implicit indication that the registration of a design is sought, e.g., a clear title such as “Application for the Registration of a Design” in a covering letter;
Information allowing the identity of the applicant to be established, e.g., a name;
Information allowing the applicant to be contacted, e.g., a postal address, an email address, a phone number; and,
A representation of the design (Information on representation requirements is provided in section 8.05 of this Manual).

The Industrial Design Office will issue a Notice of Filing after all of the above requirements are met. If these requirements are not met, the Industrial Design Office will notify and request that the applicant submit the missing information no later than two months after the date of the notice. No extension of time can be given. If the Industrial Design Office does not receive the missing information by the deadline indicated in the notice, the application will be deemed never to have been filed. Any fees paid will not be refunded.

7.02 – Divisional applications

The filing date of a divisional application is the same as that of the original application. Information on the Industrial Design Office’s practices relating to divisional applications is provided in section 8.08 of this Manual.

7.03 – Hague applications

The filing date of a Hague application is the date of registration of the corresponding international registration. More information on international registration and the filing date of a Hague application is provided in section 25 of this Manual.

Relevant provision(s): 4(3) IDA; 21(2) to (4), 41(1) and (2), 42(2) IDR.

Section 8 – Application content and requirements

8.01 – General

The use of a particular form is not required. The following table highlights key mandatory application requirements, as well as optional content that can be included in an application. These elements are explained below:

Mandatory content	Additional content where applicable
• Name and postal address of applicant; • Name of the finished article; • Representation of the design(s); and, • Examination fee of $416.15, if paid in 2022, or $430.30, if paid in 2023.	• Postal address of the agent, if one is appointed (see section 2.01); • Descriptive statement; • Statement of limitation; • Priority claim; and, • Indication of divisional application

Mandatory content

Additional content where applicable

• Name and postal address of applicant;

• Name of the finished article;

• Representation of the design(s); and,

• Examination fee of $416.15, if paid in 2022, or $430.30, if paid in 2023.

• Postal address of the agent, if one is appointed (see section 2.01);

• Descriptive statement;

• Statement of limitation;

• Priority claim; and,

• Indication of divisional application

Relevant provision(s): 4(1)(a) to (c), 8.1 IDA; 12(6), 16, 17(2), 18, 20(3), 26(2), 31, 37 IDR.

8.02 – Form requirements

Applications and documents submitted to the Industrial Design Office must meet the following form requirements:

Documents must be clear and legible and permit direct reproduction; material may be submitted in French or English.
If an application is filed in paper form, it must be printed on one side of the page only (e.g. no double-sided printing), on white paper with the following dimensions: between 20 cm and 22 cm (7.9 in and 8.5 in) by 25 cm and 36 cm (9.8 in and 14 in). The page orientation may be portrait or landscape.

Relevant provision(s): 9, 10 IDR.

8.03 – Information and fee required

Applications submitted to the Industrial Design Office must contain the following information:

The name and postal address of the applicant;
The name of a finished article. See section 13.02.03 of this Manual for more information;
The examination fee. The basic fee for examining an industrial design application is of $416.15, if paid in 2022, or $430.30, if paid in 2023. An additional fee will apply for each page of representation that exceeds 10 pages ($10.40 if paid in 2022 or $10.75 if paid in 2023);
A representation of the design that meets the requirements set out in section 8.05 of this Manual.

Relevant provision(s): 4(1) IDA; 16, 37 IDR.

8.04 – One design or variants per application

An application must be limited to one design applied to a single finished article or set, or to variants applied to a single finished article or set. If an application contains more than one design, the applicant will be required to restrict the application to one design or variants, applied to a single finished article or set.

8.04.01 – Variants

“Variants” are defined as designs applied to the same article or set and not differing substantially from one another. Generally, to be accepted as variants, the designs must be very similar and possess the described features without substantial variation as illustrated in Example 1.

Example 1 – Variant designs
Example 1 – Variant designs
Fig. 1.1	Fig. 2.1	Fig. 3.1
Finished article: Coffee Tumbler Statement: The design is limited to features of shape, configuration and ornament of the Coffee Tumbler as shown in the reproductions. Fig. 1.1 is a perspective view of the first variant of the Coffee Tumbler; Fig. 2.1 is a perspective view of the second variant of the Coffee Tumbler; and, Fig. 3.1 is a perspective view of the third variant of the Coffee Tumbler.

Relevant provision(s): 2 IDA; 20(1) IDR.

8.04.02 – Set

Section 2 of the Act defines a “set” as a number of articles of the same general character ordinarily on sale together or intended to be used together, to each of which the same design or variants are applied such as a cutlery set where the same design is applied to a fork, a knife and a spoon would constitute a set according to this definition.

It should be clear from the application that the design applies to a set. If a statement is provided, it should refer only to the design features common among all pieces of the set (e.g., the identical design or variants applied to each piece of the set). It is also acceptable to indicate the location of these features on each piece. Individual views of each article of the set can also be included. Example 2 illustrates a set.

Example 2 – Set
Example 2 – Set
Fig. 1
Finished article: Set of Cutlery Statement: Fig. 1 is a front view of the Set of Cutlery. The design consists of the surface ornamentation applied consistently to the handles of the Set of Cutlery as shown in the reproduction.

Relevant provision: 2 IDA

8.05 – Representation requirements

8.05.01 – Specific requirements for photographs and reproductions

Photographs or reproductions (drawings) contained in an application must be presented in the following manner:

The representation of a design must be in the form of a photograph, reproduction, or a combination of both. Acceptable file formats include PDF, JPEG, TIFF and GIF. The file size limit is of 60 MB for PDF and 10 MB for the other file formats.
The representation of a design must include at least one photograph or reproduction that shows the design in isolation or the finished article in isolation.
The representation of a design must not be in the form of a technical drawing like those used to illustrate an invention in an application for a patent. Additional matter or information such as the name of the finished article, dimensions, arrows or any other descriptive matter should not appear on the representation of the design. The Industrial Design Office will issue an objection should any additional matter or information on the representation lead to ambiguity as to the scope of the design.
Reproductions and photographs must be numbered. We recommend one of the following methods:

Two numbers separated by a dot (e.g. 1.1, 1.2, 1.3, etc.) where the first number references the design and the second number represents the different views; or,
A single number representing each view (e.g. 1, 2, 3, etc.).

Variants can either be numbered using a different first number for each variant such as: 1.1, 1.2, 1.3 – 2.1, 2.2, 2.3 – 3.1, 3.2, 3.3, etc. – or, by explaining in the figure reference that a particular design is a variant such as: “Figure 1 is a first variant; Figure 2 is a second variant; Figure 3 is a third variant; etc.”.
Reproductions and photographs should be numbered consecutively, beginning with number 1. For photographs, it is suggested that the numbers be written, stamped or typed in permanent ink on the back of the photograph or in the margins.

8.05.02 – Fully disclose the design

The representation of a design must, taking into account the name of the finished article and any statement, be sufficient to fully disclose the design.

A representation of a design is composed of one or more photographs or reproductions (e.g. drawings).

The application may contain multiple views that show a design from different angles to fully disclose the design. These views may include a: ‘perspective view’; ‘front view’; ‘back view’; ‘right side view’; ‘left side view’; ‘top view’; and ‘bottom view’. Example 3 presents a design applied to an article in seven different views.

Example 3 –Views
Example 3 –Views

Finished article: Jerrycan Statement: Fig. 1.1 is a perspective view of the Jerrycan; Fig. 1.2 is a front view of the Jerrycan; Fig. 1.3 is a back view of the Jerrycan; Fig. 1.4 is a right-side view of the Jerrycan; Fig. 1.5 is a left-side view of the Jerrycan; Fig. 1.6 is a top view of the Jerrycan; and, Fig. 1.7 is a bottom view of the Jerrycan.

The Industrial Design Office recommends that the applicant file as many views as necessary in order to fully disclose the features of the design for which protection is sought. However, in some cases, one view may be sufficient to fully disclose the design as illustrated in Example 4.

Example 4 – One view is sufficient to disclose the design
Example 4 – One view is sufficient to disclose the design
Fig. 1.1
Finished article: Display Screen Statement: The design is limited to the feature of ornament of the Display Screen as illustrated in the reproduction. Fig. 1.1 is a front view of the Display Screen.

8.05.03 – Quality

8.05.03.01– Insufficient quality of reproductions

The representation of a design must be of sufficient quality to permit the features of the design to be identified clearly and accurately. The Industrial Design Office may request that the applicant submit better-quality reproductions if the original images inadequately illustrate the design. Example 5 illustrates both acceptable and unacceptable reproductions.

Example 5 – Acceptable and unacceptable quality
Example 5 – Acceptable and unacceptable quality
Acceptable	Unacceptable
Finished article: Bottle

8.05.03.02 – Use of background

To ensure that the design features are clearly and accurately identified in the foreground, applicants should use an appropriate background. Applicants should consider factors such as colouration, contrast and shadow when choosing a background. Example 6 illustrates the correct and incorrect use of these principles.

Example 6 – Acceptable and unacceptable backgrounds

Titre : Example 6 – Acceptable background - Description : The first image shows a red lid on a white background.

Acceptable

Titre : Example 6 – Unacceptable background - Description : The second image shows a red Lid on a red background. On that second image, the visual features are difficult to see.

Unacceptable

Finished Article: Lid

8.05.03.03 – Shadow

Shadowing in a reproduction or photograph is acceptable if the shadows do not interfere with the features of the design. As illustrated in Example 7, the shadows interfere or distort the contours of the article making it difficult to clearly and accurately see the features of the design. In this instance, the Industrial Design Office would issue an objection for lack of clarity.

Example 7 - Unacceptable shadowing in a reproduction or photograph
Example 7 - Unacceptable shadowing in a reproduction or photograph
Unacceptable

8.05.04 – Combination of photographs and reproductions

Photographs and reproductions can be included in the same application. However, the applicant should ensure that no ambiguity results from this combination. The Industrial Design Office will issue an objection if the features of the design are inconsistent between both the reproduction and photograph of the design.

To illustrate how combining photographs and reproductions in the same application can be inconsistent, Example 8 shows how details are lost between the photograph illustrated in Fig. 1.1 and the reproduction in Fig. 2.1. Note that ridges seen in the photograph are not present in the reproduction. This creates a different visual impression of the design features, which may lead to an objection.

To resolve this objection, an applicant may present the photographs and reproductions as variants of each other, if they comply with the definition of variant designs, as shown in Example 8. Alternatively, the applicant may also ensure that all design features are consistent between the photographs and reproductions.

Example 8 – Combination of photographs and reproductions
Example 8 – Combination of photographs and reproductions
Fig. 1.1	Fig. 2.1
Finished article: Bottle Statement: The design is limited to the feature of shape and configuration of the Bottle as illustrated in the reproduction. Fig. 1.1 is a front view of the first variant of the Bottle in a photograph; and, Fig. 2.1 is a front view of the second variant of the Bottle in a reproduction.

8.05.05 – Drawing techniques

8.05.05.01 – Shading

Shading the surface of an article can be used to illustrate its shape provided that it does not distort or obscure the design. Shading should be shown consistently throughout the reproductions and should be restricted to the design portions of the article. Example 9, illustrates an acceptable use of shading. Please note that no shading is added to the feet of the Stool as they do not form part of the design.

Example 9 – Shading
Example 9 – Shading
Fig. 1.1
Finished article: Stool Statement: The design is limited to the features of shape and configuration of the Stool shown in the representation. Fig. 1.1 is a perspective view of the Stool.

8.05.05.02 – Transparency and translucency

Transparency can be illustrated by the use of thin diagonal shade lines. Portions of the design and article that would be visible through the transparent section should be shown. Example 10, a Butter Dish, illustrates an acceptable use of transparency.

Example 10 – Transparency
Example 10 – Transparency
Fig. 1.1
Finished article: Butter Dish Statement: The design is limited to the feature of shape of the Butter Dish as shown in the reproduction. Fig. 1.1 is a perspective view of the Butter Dish.

Translucency can be shown with thin diagonal shade lines and light shading throughout the translucent area. Portions of the article that are visible through the translucent section should be shown. Example 11 illustrates an acceptable use of translucency. Optionally, a descriptive statement such as: “The area indicated by thin diagonal lines and light shading represent translucency” may be added to indicate the presence of translucency in the reproduction.

Example 11 – Translucency
Example 11 – Translucency
Fig. 1.1
Finished article: Butter Dish Statement: The design consists of the features of shape and configuration of the Butter Dish as shown in the reproduction. The area indicated by thin diagonal lines and light shading represent translucency. Fig. 1.1 is a perspective view of the Butter Dish.

8.05.05.03 – Indefinite length and/or width and variable length in a portion of the article

To illustrate articles of indefinite length and/or width, the reproductions should show break lines in the article’s length and/or width. It should be obvious that the break lines are for illustrating a break in the article and do not form part of the design. To ensure clarity, the applicant may add a statement which indicates that indefinite length and/or width is shown. Break lines may be shown with double sinusoidal lines as illustrated in Example 12, sharp jagged lines as illustrated in Example 13, or a pair of angled parallel lines broken occasionally by a zigzag as illustrated in Example 14.

Exceptionally, articles of indefinite length and width with a repeating surface pattern can be illustrated with dotted or broken lines around the pattern to be repeated as illustrated in Example 17.

Example 12 – Double sinusoidal lines to illustrate an article of indefinite length
Example 12 – Double sinusoidal lines to illustrate an article of indefinite length
Fig. 1.1
Finished article: Decorative Moulding Statement: The design is limited to the features of shape and configuration of the entire Decorative Moulding as shown in the reproduction. Fig. 1.1 is a perspective view of the Decorative Moulding of indefinite length indicated by the double sinusoidal lines.

8.05.05.04 – Articles of indefinite length or width with a constant cross-section

Regardless of where an article is cut, the cross-section should remain identical and there should be no surface pattern and no three-dimensional (3D) features. Extrusions for mouldings or windows as illustrated in Examples 13 and 14 below, illustrate reproductions that are accepted by the Industrial Design Office.

Example 13 – Sharp jagged lines
Example 13 – Sharp jagged lines
Fig. 1.1
Finished article: Extrusion Statement: The design is limited to the features of shape of the Extrusion shown in the reproduction. The sharp jagged lines on the reproduction indicate that the article is of indefinite length. Fig. 1.1 is a side view of the Extrusion.

Example 13 – Sharp jagged lines
Example 14 – Parallel lines broken by a zigzag
Fig. 1.1
Finished article: Window Extrusion Statement: The design is limited to the features of shape and configuration of the Window Extrusion of indefinite length. The parallel lines broken by a zigzag in the reproduction indicate that the article is of indefinite length. Fig. 1.1 is a perspective view of the front side and top of the Window Extrusion.

8.05.05.05 – Articles of indefinite length or width with a repeating surface pattern

This example refers to a design that has a repeating pattern on the surface of the article and does not affect the article’s cross-section. A statement referring to indefinite length or width should be included in the application. The statement should also indicate that the pattern repeats at regular intervals throughout the length or width of the article. Example 15 shows an acceptable method of illustrating an article of indefinite length with a repeating surface pattern.

Example 15 – Repeating surface pattern
Example 15 – Repeating surface pattern
Fig. 1.1
Finished article: Ribbon Statement: The design is limited to the feature of pattern as shown on the Ribbon. The pattern shown on the surface repeats throughout the length of the Ribbon of indefinite length. Fig. 1.1 is a front view of the Ribbon of indefinite length.

8.05.05.06 – Articles of indefinite length or width with repeating 3D features

This example refers to a design that has constant 3D features, which repeat at regular intervals throughout the article’s length and width. A statement referring to indefinite length or width should be included in the application. The statement should also indicate that such features repeat consistently and at regular intervals throughout the length or width of the article.

The combined reproduction and statement in Example 16 would be accepted by the Industrial Design Office for this type of article.

Example 16 – Repeating 3D features
Example 16 – Repeating 3D features
Fig. 1.1
Finished article: Backpack Hanging Rack Statement: The design is limited to the features of shape and configuration of the Backpack Hanging Rack. The design is of indefinite length as shown in the reproduction. The three-dimensional features on the front surface of the article repeat consistently and at regular intervals throughout the length of the article. Fig. 1.1 is a perspective view of the Backpack Hanging Rack.

8.05.05.07 – Articles of indefinite length and width with a repeating surface pattern

Articles having a repeating surface pattern of both indefinite length and width may be illustrated by dotted or broken lines around the pattern to be repeated. A statement should also be included that refers to the repeat pattern and the indefinite length and width. The combined reproduction and statement in Example 17 below would be considered acceptable by the Industrial Design Office.

Example 17 – Repeating surface pattern
Example 17 – Repeating surface pattern
Fig. 1.1
Finished article: Paper Towel Statement: The design is limited to the pattern on the Paper Towel. The design is of indefinite length and width as shown by the broken lines around the perimeter of the reproduction. The pattern shown on the surface repeats throughout the length and width of the Paper Towel. Fig. 1.1 is a front view of the Paper Towel.

8.05.05.08 – Articles of variable length in a portion

An article having a portion of it that is of varying length can be illustrated through the use of break lines in the relevant portion. A statement should also be included indicating that the portion is of variable length. Example 18 includes a reproduction and statement that accurately reflects variable length.

Example 18 – Variable length in a portion
Example 18 – Variable length in a portion
Fig. 1.1
Finished article: Rake Statement: The design is limited to the features of shape and configuration of the Rake as shown in the reproduction. The handle portion of the Rake varies in length within the break lines as illustrated in the reproduction. Fig. 1.1 is a front view of the Rake.

8.05.05.09 – Variable length in a portion that has repeating surface pattern

An article having a repeating surface pattern and variable length in only a portion of the article can be illustrated with break lines in the relevant portion. A statement indicating that the pattern repeats throughout the variable length of the portion should also be included.

8.05.05.10 – Variable length in a portion that has repeating 3D features

An article having repeating 3D features in only a portion of the article can be illustrated with break lines in the relevant portion. A statement indicating that the features repeat at regular intervals throughout the variable length of the portion should also be included. See Example 19.

Example 19 – Portion of variable length having 3D features
Example 19 – Portion of variable length having 3D features
Fig. 1.1
Finished article: Paper Towel Holder Statement: The design is limited to the features of shape, configuration and pattern of the Paper Towel Holder as shown in the reproduction. The 3D-elements repeat consistently and at regular intervals throughout the variable length of the bar portion of the Paper Towel Holder. Fig. 1.1 is a front perspective view of the Paper Towel Holder.

8.05.05.11 – Cross-sectional views

A cross-sectional view may be included in order to better disclose exterior features that are not adequately represented in the conventional views. Internal features that are not visible in the completely assembled article should not be shown.

Method to illustrate a cross-sectional view (Example 20):

The cut surface of the article may be shown as a solid black area or by using parallel diagonal lines, dotted parallel diagonal lines, or broken parallel diagonal lines.
The location of the cross-sectional view should be marked on one of the conventional views using arrows and numbers.
The corresponding figure reference should identify the reproduction as a cross-sectional view.

Example 20 – Cross-sectional view
Example 20 – Cross-sectional view
Fig. 1.1	Fig. 1.2	Fig. 1.3
Finished article: Hockey Puck Statement: The design is limited to the features of shape, configuration and pattern of the Hockey Puck as shown in the reproductions. Fig. 1.1 is a perspective view of a Hockey Puck; Fig. 1.2 is a top plan view thereof; and, Fig. 1.3 is a cross-sectional view thereof, taken along lines 1.3-1.3 of Fig. 1.2.

8.05.05.12 – Enlarged fragmentary or magnified view

An enlarged or magnified view of a portion of the design, also known as an “enlarged fragmentary view” or “magnified view” may be included to show a portion of the design on a larger scale in order to better disclose small details.

Example 21 provides guidance on the acceptable method to illustrate an enlarged fragmentary view:

On a conventional view, a circle or a box may mark the portion shown in the enlarged fragmentary view. The circle or box may optionally be numbered with the same figure number as the enlarged fragmentary view.
The corresponding figure reference should identify the reproduction as an enlarged fragmentary view.

Example 21 – Enlarged fragmentary or magnified view
Example 21 – Enlarged fragmentary or magnified view
Fig 1.1	Fig 1.2
Finished article: Test Tube with Ergonomic Handle Statement: The design is limited to the visual features of shape and configuration of the Test Tube with Ergonomic Handle as shown in the reproductions. Fig. 1.1 is a front perspective view of the Test Tube with Ergonomic Handle; and, Fig. 1.2 is an enlarged fragmentary view of Fig. 1.1.

8.05.05.13 – Environment views

One or more environment views may be included to show the article in the context of its surroundings. The environment is subject matter that is not part of the finished article or design.

Method to illustrate an environmental view (Example 22):

The environment should be shown in dotted or broken lines on a reproduction.
The application must contain at least one other view that shows the article or the design in isolation.
It must be clear from the combination of the reproductions, the statement and the name of the finished article what constitutes the environment, what are the features of the design and the finished article to which the design is applied. If the environment is shown in a photograph, or in a reproduction without dotted or broken lines, the statement should clearly identify what constitute the environment. Otherwise, the scope of the design may be unclear, leading to an objection from the Industrial Design Office.

Example 22 – Environmental view
Example 22 – Environmental view
Fig. 1.1	Fig. 1.2
Finished article: Faucet Statement: The design is limited to the features of shape and configuration of the Faucet as shown in the reproductions. The dotted lines represent environment only, and do not form part of the design. Fig. 1.1 is a perspective view of the Faucet showing the environment; and, Fig. 1.2 is a perspective view of the Faucet.

8.05.05.14 – Contrasting tones

It is acceptable to use shading techniques to show contrasting tones provided they do not distort or hide the design. Contrasting tones should be restricted to the design portions of the article only as illustrated in Example 23.

Example 23 – Contrasting tones
Example 23 – Contrasting tones
Fig. 1.1
Finished article: Toy Cube Statement: The design is limited to the features of shape, configuration and ornament of the Toy Cube shown in the reproduction. Fig. 1.1 is a perspective view of the Toy Cube.

8.05.05.15 – Open and closed positions

Views of the article in the open and closed positions may be included to reveal design features provided that the article is normally seen or used in those positions. It is recommended that the figure reference in the statement indicates the different positions shown, as illustrated in Example 24.

Example 24 – Open and closed positions
Example 24 – Open and closed positions
Fig 1.1	Fig 1.2
Finished article: Pill Container Statement: The design is limited to the features of shape, configuration and ornament of the Pill Container as shown in the reproductions. Fig. 1.1 is a perspective view of the Pill Container with the lid in an open position; and, Fig. 1.2 is a perspective view of the Pill Container with the lid in the closed position.

8.05.05.16 – Extended/retracted views

Views of the article in extended and retracted positions may be included in an application provided that the article is normally seen and used in those positions. It is recommended that the figure reference indicate the different positions shown as illustrated in Example 25.

Example 26 – Extended and retracted views
Example 25 – Extended and retracted views
Fig. 1.1	Fig. 1.2	Fig 1.3
Finished article: Telescoping Container Cap Statement: The design is limited to the features of shape and configuration of the entire Telescoping Container Cap as shown in the reproductions. Fig. 1.1 is a perspective view of the Telescoping Container Cap in a fully extended position; Fig. 1.2 is a perspective view of the Telescoping Container Cap in a semi-extended/retracted position; and, Fig. 1.3 is a perspective view of the Telescoping Container Cap in a fully retracted position.

8.05.05.17 – Exploded views

A multi-component article should be shown fully assembled. An exploded view may also be included provided that the article is seen or used in that position. In exploded views, it should be clear how the components join together. Example 26 illustrates an acceptable exploded view.

Example 26 – Exploded view for multi-component articles
Example 26 – Exploded view for multi-component articles
Fig. 1.1	Fig 1.2
Finished article: Food Processor Statement: Fig. 1.1 is a perspective view of the Food Processor; and, Fig. 1.2 is an exploded view of the Food Processor of Fig. 1.1.

8.05.06 – Colour

Colour may form part of a design as a feature of pattern or ornament. As such, colour photographs or reproductions may be submitted in an application. The Industrial Design Office recommends that applications for the registration of a design in colour be filed using CIPO’s Industrial Design E-Services application. Filing on paper or through fax is not recommended as it may result in an inaccurate reproduction of the colour.

Irrespective of the method used to file the application, a descriptive statement referencing colour should generally accompany colour reproductions. Any reference to colour in a descriptive statement must be clear and unambiguous. For example, the adjective "blue" is acceptable; "blue-ish" is not. The Industrial Design Office recommends the use of widely recognized colour identification systems in order to ensure the accuracy of colour claims. In this case, applicants should include a descriptive statement of the colour and refer to the applicable colour identification system.

While the Industrial Design Office does not endorse or recommend a particular colour identification system, the colours identified by any system used should be easily reproducible by the general public. If the colour system is the subject of a registered trademark, it should be identified using uppercase letters and should include a statement that it is a registered trademark such as: “The blue colour shown in the reproductions is PANTONE 3538C. *PANTONE is a registered trademark." Example 27 is an acceptable use of colour in an application.

Since colour either may form part of the design or be used to limit the design to part of the finished article, the Industrial Design Office will issue an objection if colour is included in non-design portions of an article and its purpose is unclear.

Example 27 – Colour in the reproductions
Example 27 – Colour in the reproductions
Fig. 1.1
Finished article: Glove Statement: Fig. 1.1 is a front view of the Glove illustrating a ventral side of the glove having a PANTONE* Blue 3538C cuff. The rest of the Glove is shown in PANTONE* Grey 425C. *PANTONE is a registered trademark.

8.05.07 – Electronic Icons

The design of an electronic icon can be shown applied to a finished article (Fig. 1.1 of Example 28) or in isolation (Fig 1.2). The name of the finished article in respect of which the design is to be registered should always be identified in the application as illustrated in Example 28.

Example 29 – Electronic icon
Example 28 – Electronic Icon
Fig. 1.1	Fig. 1.2
Finished article: Display Screen with Electronic Icon Statement: Fig. 1.1 is a front view of the Display Screen with Electronic Icon; and, Fig. 1.2 is a view of the Electronic Icon.

8.05.08 – Computer-generated animated designs

The Industrial Design Office accepts as registrable subject matter computer-generated animated designs that change in appearance while viewing. The reproductions submitted in the application will be viewed as a sequence of frames that define the computer-generated animated design.

As illustrated in Example 29, it is strongly recommended that a figure reference accompany an application for the registration of an animated design. When included, the figure reference should read as “Figure 1.1 – first frame of the sequence,” “Figure 1.2 – second frame of the sequence,” etc. If there are no figure references and there is no descriptive statement of the sequence, the Industrial Design Office will interpret the order in which the figures appear as defining the sequence of the design for which protection is sought. The individual frames need not include substantially similar content to one another, as they are not assessed independently from their sequential arrangement.

Example 30 – Computer-generated animated designs
Example 29 – Computer-generated animated designs
Fig. 1.1	Fig. 1.2	Fig. 1.3
Fig. 2.1	Fig. 2.2	Fig. 2.3
Finished article: Thermostat Display Screen Statement: The design is limited to the feature of ornament applied to a Thermostat Display Screen as shown in the reproductions. Fig. 1.1 is a first frame of the sequence of the first variant; Fig. 1.2 is a second frame of the sequence of the first variant; Fig. 1.3 is a third frame of the sequence of the first variant; Fig. 2.1 is a first frame of the sequence of the second variant; Fig. 2.2 is a second frame of the sequence of the second variant; and, Fig. 2.3 is a third frame of the sequence of the second variant.

Relevant provision(s): 9(b), 14(a) to (d), 15 IDR.

8.06 – Application deemed to relate to all features shown

An application is deemed to relate to all of the features of “shape”, “configuration”, “pattern” and “ornament” shown in the representation of the design unless an exception described below applies. Accordingly, a statement is not required if the design relates to all of the features shown in the representation.

8.06.01 – Statement of limitation

An applicant may use a statement in the application to limit some of the features from applying. For example, an acceptable statement of limitation would be: “The design is limited to the features of shape and configuration.” The statement must clearly describe which features are claimed and must not create alternatives that may lead to ambiguity as to the scope of the design. For example, the following statement would not be acceptable: “The design is the visual features of the entire article shown in the reproductions, whether those features are features of one of shape, configuration, ornament or pattern or are a combination of any of these features.” The Industrial Design Office will issue an objection should a statement lead to ambiguity as to the scope of the design.

Note that a declaration that the design was not, to the proprietor’s knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor is no longer required for applications filed on or after November 5, 2018. The Industrial Design Office will issue an objection should a statement include a declaration to that effect. Where an application is a divisional of an application filed before November 5, 2018, that declaration is required and may be included in a cover letter or in the description of the design.

8.06.02 – Design applied to part of the article

8.06.02.01 – Statement to limit the design to part of the article

A statement may also indicate that the application relates to only some or all of the features of shape, configuration, pattern or ornament of a part of the finished article. As Illustrated in Example 30, the statement is used to limit the features of the design and where the design is applied to the article: “The design is limited to the features of shape and configuration of the Table top. The legs do not form part of the design.”

Example 30 – Statement of limitation for part of the article
Example 30 – Statement of limitation for part of the article
Fig. 1.1
Finished article: Table Statement: The design is limited to the features of shape and configuration applied to the Table. The legs do not form part of the design. Fig. 1.1 is a perspective view of the Table.

8.06.02.02 – Dotted or broken lines to limit the design to part of the article

A design may also be limited to parts of an article through the use of dotted or broken lines. In Example 31, the design portion is limited to the frame of the glasses. The features applied to the lenses do not form part of the design as they are illustrated using broken lines. It is unnecessary to include a statement in the application indicating that the broken (or dotted) lines do not form part of the design as this is deemed by the Regulations.

Example 31 – Features in dotted or broken lines
Example 31 – Features in dotted or broken lines
Fig. 1.1
Finished article: Glasses Statement: Fig. 1.1 is a front elevated view of the Glasses.

If the reproduction of the design contains dotted or broken lines illustrating elements that are meant to form part of the design such as stitching on a garment, a statement should be included in the application to ensure that the dotted or broken lines are interpreted as stitching rather than a method of disclaiming features of the design (see Example 32).

Example 32 – Statement required when stitching is part of the design
Example 32 – Statement required when stitching is part of the design
Fig. 1.1
Finished article: Shirt Statement: The broken lines shown in the reproduction constitute stitching and are part of the design. Fig. 1.1 is a front view of the design.

8.06.02.03 – Colouring to limit the design to part of the article

Colouring can also be used to limit the design. Contrasting colour tones can be used to obscure features that do not form part of the design. When using colouring, the features for which protection is sought should be clearly visible, whereas the disclaimed features should be represented in a different tone so they appear blurred or imperceptible. Example 33 shows an acceptable use of colouring to disclaim portions of the article. If it is not evident that the purpose of the colouring is to indicate that the application does not relate to these features, a statement to this effect should be included in the application. To make it evident that the features do not form part of the design, the colouring can be extended to the background as illustrated.

Example 33 – Use of colouring to limit the design
Example 33 – Use of colouring to limit the design
Fig. 1.1	Fig. 1.2	Fig. 1.3
Finished article: Car Statement: Fig. 1.1 is a front view of the car; Fig. 1.2 is a left perspective view of the car; and, Fig. 1.3 is a right-side view of the car.

8.06.02.04 – Blurring to limit the design to part of the article

Part of an article can be blurred in the representation so that some of features are vague or imperceptible creating a contrast between the design and non-design portions of the article. Example 34 shows an acceptable use of blurring, where the claimed front end of the car is shown clearly and the remainder of the car is blurred. If it is not evident that the purpose of the blurring is to indicate that the application does not relate to blurred features, a statement should be included in the application.

Example 35 – Use of blurring to limit the design
Example 34 – Use of blurring to limit the design
Fig. 1.1	Fig. 1.2	Fig. 1.3
Finished article: Car Statement: Fig. 1.1 is a front view of the car; Fig. 1.2 is a left perspective view of the car; and, Fig. 1.3 is a left-side view of the car.

8.06.02.05 – Boundary line to limit the design to part of the article

Although the above options handle the majority of cases, there are exceptions that might warrant using an additional means to illustrate the distinction between design and non-design portions of the article. The Industrial Design Office will accept the use of boundary lines to define a boundary between the design and non-design portions of the article where the use of a statement of limitation, broken or dotted lines, colouring or blurring alone do not clearly show the design as applied to the article.

It should be clear by an accompanying statement that the boundary line is used to define design and non-design portions of an article. Due to the risk of including more than just the design within the boundary, boundaries should be used carefully in reproductions/photographs. Example 35 illustrates four types of acceptable boundary lines – using a dot-dash, coloured (red in this example), dotted and broken. Please note that other types of boundary lines are acceptable as long as their purpose is clearly defined.

Example 34 – Acceptable use of boundary lines
Example 35 – Acceptable use of boundary lines
Fig. 1	Fig. 2	Fig. 3	Fig. 4
Finished article: Shoe Sole Statement: The dot-dash (Fig. 1), coloured red (Fig. 2), dotted (Fig. 3) and broken (Fig. 4) boundary line does not form part of the design and is included to indicate that the design is limited to the features within its boundary.

8.06.03 – Optional descriptive statement

The applicant may include in the application a brief descriptive statement of the representation or features of the design. This descriptive statement must not refer to utilitarian function or a method or principle of manufacture or construction. It is acceptable to include in that statement an indication that a particular feature is considered to be an important feature of the design. For example, “The most significant feature of the design is the appearance of the rose at the base of the handle.” In that case, any feature of the design that is referred to must be visible in the photographs or reproductions.

Note that a declaration that the design was not, to the proprietor’s knowledge, in use by any person other than the first proprietor at the time the design was adopted by the first proprietor is no longer required for applications filed on or after November 5, 2018. The Industrial Design Office will issue an objection should a description include information to that effect. Where an application is a divisional of an application filed before November 5, 2018, that declaration is required and may be included in a cover letter or in the description of the design.

Relevant provision(s): 17(1) to (4), 18 IDR.

8.07 – Priority

8.07.01 – Request for priority

An applicant can take advantage of the priority of a previously filed industrial design application by filing an application for the registration of an industrial design in Canada and by making a request for priority accompanied by the required information. Provided that the request for priority is made correctly, the priority date of the design will be used for the purpose of novelty assessment, instead of the filing date of the application.

To illustrate, an applicant may file an application for the registration of a design in Canada on May 31, 2017, and include a request for priority in the application indicating that an application for registration of the same design was previously filed in the United States of America, on January 10, 2017. Provided that the request for priority is made correctly, the Industrial Design Office would use January 10, 2017, as the date to assess novelty of the design. Any conflicting designs with a priority date that is after January 10, 2017, would generally be refused registration.

8.07.02 – Priority request requirements

An applicant can make a request for priority either in the application or in a separate document. The request for priority must include the filing date, the name of the country or office where the previously regularly filed application was filed and, while not mandatory, its application number. For the purposes of identifying the country or office, two-letter alphabetic codes may be used provided they are based on WIPO’s standard ST.3, the recommended standard on two-letter codes for the representation of states, other entities and intergovernmental organizations.

If the request does not include the filing date or the name of the country or office where the previously regularly filed application was filed, the priority request will be deemed never to have been filed.

The filing date of the previously regularly filed application cannot be the same date as the filing date in Canada; if it is, the request for priority will be deemed never to have been filed.

The design disclosed in the previously regularly filed application must be the same design as the design the applicant is seeking to register in Canada. Drawing techniques will not have an impact on the assessment of whether the design is considered to be the same.

Any request for priority in respect of a particular variant must be based on an application that fully discloses that same variant.

Any request for priority in respect of a particular design disclosed in the environment – which could be made the subject of a divisional application – must be based on an application that fully discloses that same design.

When filing an application, it is recommended to include all requests for priority for all subject matter disclosed in the application (including in the environment). Note that in all cases, the priority claim must be for the same design and fully disclosed in the previously regularly filed application.

If these requirements are met, the Industrial Design Office will assess the novelty of the design based on the date of priority, rather than based on the Canadian filing date.

Specific rules apply to requests for priority in respect of Hague applications. See section 30 of this Manual for more detail.

8.07.02.01 – Deadline

The Industrial Design Office must receive any request for priority, including all of the required information before the earlier of:

Six months after the earliest filing date of the previously regularly filed applications; and
The date of registration of the design that is the subject of the pending application.

8.07.02.02 – Countries

The countries in or for which a previously filed application may serve as the basis for priority are:

A country that is a member of the Union for the Protection of Industrial Property constituted under the Paris Convention; or,
Members of the World Trade Organization as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act.

8.07.03 – Withdrawal of a request for priority

An applicant may withdraw a request for priority, either entirely or with respect to one or more previously regularly filed applications.

8.07.04 – Impact on the date on which an application is made available to the public

Where a request for priority is made in respect of an application, the earliest filing date of the priority application(s) will affect the date on which an application is made available to the public. If a request for priority is withdrawn at least two months before the date on which an application would have been made available to the public, the publication date will be recalculated without taking into account that priority request.

8.07.05 – Correction to a request for priority

An error in the filing date, the name of the country or office of filing or the number of a previously regularly filed application in respect of which a priority claim has been made may only be corrected before the design is registered. The following two exceptions apply to this rule.

8.07.06 – Exceptions

If an application has been made available to the public prior to registration, the Industrial Design Office may correct an error in the name of the country or office of filing only if it is obvious from the documents in the Industrial Design Office at the time the application is made public.

The Industrial Design Office will not correct an error in the filing date of a previously regularly filed application if more than six months have passed since the filing date of the pending application in Canada.

8.07.07 – Non-application to Hague applications

An applicant must contact the International Bureau of WIPO to correct any information relating to their priority claim in an international application under the Hague Agreement or to a divisional application resulting from a Hague application. The Industrial Design Office will disregard any request it receives to make a correction to a Hague applications priority claim or to a divisional application resulting from a Hague application.

8.07.08 – Request for priority documents

If the priority date is relevant in order to assess novelty under section 8.2 of the Act, the Industrial Design Office will request that the applicant either submit a certified copy of the relevant priority documents or make a copy of the previously regularly filed application available on WIPO’s Digital Access Service.

The applicant must provide the requested information no later than three months after the date of the notice. This deadline can be extended by six months upon request. Only one six-month extension is available.

8.07.08.01 – WIPO’s Digital Access Service

WIPO’s Digital Access Service is an electronic digital library allowing priority documents to be securely exchanged between participating IPOs. The Industrial Design Office will treat any priority document furnished to it via the WIPO service as if the document had been filed directly with the Industrial Design Office.

As indicated in the previous section, a priority document filed in a participating IPO may be made available to the Industrial Design Office through WIPO’s Digital Access Service in order to comply with a request for priority documents. In that case, the applicant must provide the number and the filing date of the previously regularly filed application along with the access code required to retrieve the priority document. If that information is not provided or incomplete, the applicant will be considered not to have complied with the request to provide priority documents.

8.07.08.02 – Translation

If the previously regularly filed application is in a language other than French or English, the Industrial Design Office will require a translation. The applicant must provide the translation along with the requested priority documents. If the translation is not provided, the applicant will be considered not to have complied with the request for priority documents.

If the Industrial Design Office believes the translation is inaccurate, it may by notice request that the applicant:

Submit a statement by the translator indicating that the translation is accurate; or
Submit a new translation and a statement by the translator indicating that the new translation is accurate.

The applicant must provide the requested statement or new translation no later than three months after the date of the notice. This deadline can be extended by six months upon request. Only one six-month extension is available.

8.07.08.03 – Consequence for non-compliance

If an applicant does not comply with the request to provide the priority documents and a translation by either the initial deadline, or the extension if applicable, the priority claim will be deemed to have been withdrawn at the end of that time period. The applicant’s priority request would be removed only in respect of the previously regularly filed application that was the subject of the request for priority documents.

When a priority claim is removed the publication date of the application will be recalculated based on the Canadian filing date or the earliest priority claim remaining in the application, if any. See section 20.02 of this Manual for more information on publication when changes are made to the date of priority.

8.07.09 – Search based on priority

Generally, the Industrial Design Office conducts a prior art search six months after the filing date of an application because of the possibility of subsequent filed applications containing designs having earlier priority dates. However, the Industrial Design Office may conduct the search as early as six months from the priority date of the design that is the subject of the application if the applicant submits a certified copy or makes available a copy of the previously regularly filed application through WIPO’s Digital Access Service for each previously regularly filed application on which the priority claim is based. Please note that the date from which the Industrial Design Office may conduct the search will vary depending on the particular circumstances of the case at hand, as well as processing times.

A certified copy of the foreign application and a certificate from the foreign office showing the filing date of the application can be submitted to the Industrial Design Office in a language other than English or French, as long as they are accompanied by a translation of the documents into English or French. If not, the Industrial Design Office will not be able to assess the documentation nor will it advance the search for prior art.

The design disclosed in the priority document must be for the same design as the design the applicant is seeking to register in Canada. Drawing techniques will not have an impact on the assessment of whether or not the design is considered to be the same. If your application contains variants, each of them must be adequately supported by the priority documentation provided. If a variant is not supported, the search will be conducted no earlier than six months after the Canadian filing date. See section 16 of this Manual for more detail on the novelty assessment.

To maximize its benefit, search based on priority can be combined with a request for advanced examination. See section 10 of this Manual for more detail on advanced examination.

Relevant provision(s): 8, 8.1 IDA; 26(2) to (5), 27(1) to 27(6), 28 IDR.

8.08 – Divisional applications

8.08.01 – Divisional applications

The applicant may file a divisional application with the Industrial Design Office for any design applied to a finished article that was disclosed in the original application on its filing date. The finished article must also have been disclosed in the original application. Divisional applications are available for both national and Hague applications.

A divisional application is a separate application, including with respect to the payment of any fees.

8.08.02 – Requirements

The original application – in other words, the application being divided – must be pending (e.g. the application must not be withdrawn, abandoned and past the reinstatement date, refused or registered).

The applicant must include a statement that identifies the application as a divisional. This statement must be submitted to the Industrial Design Office as part of the application or in a separate document, no later than three months after the date on which the divisional application was received in the Industrial Design Office. To facilitate processing within the Industrial Design Office, it is strongly advised that applicants indicate that an application is a divisional when it is filed.

8.08.03 – Deadline to file a divisional

A divisional application can be filed up to two years after the filing date of the original application, or the earliest original application in the series of applications from which the divisional results.

8.08.03.01 – Exception

After the two year period has expired, an application can still be divided if a report by the Industrial Design Office requires that the applicant limit its application to one design or to variants, applied to a single finished article.

Divisional application(s) can be filed for designs identified as separate designs in the examiner report. These applications must be filed as long as no more than six months have elapsed since the day on which the original application was limited to one design or to variants and the original application is still pending. To ensure that the original application remains pending, applicants may request a delay of registration on the original application. See section 11 of this Manual for more information.

8.08.04 – Deemed actions in relation to request for priority

If any of the following actions have been taken in respect of the original application, on or before the day on which a divisional application is received, they are deemed to have been taken, on the same day, in respect of the divisional application:

A request for priority has been made and has not been withdrawn;
Information required for a request for priority has been submitted to the Industrial Design Office;
A copy or a translation of a previously regularly filed application, or a certificate showing its filing date, has been submitted to the Industrial Design Office;
A copy of a previously regularly filed application has been made available through WIPO’s Digital Access Service.

Relevant provision(s): 20(2) to (6), 29 IDR.

Section 9 – Classification

9.01 – Classification standard for industrial designs

In order for the Industrial Design Office to conduct a novelty assessment, each design must be classified according to the Canadian Classification Standard for Industrial Designs (the Canadian Classification).

The Canadian Classification uses the Locarno Classification as its core framework, an international classification system that is administered by WIPO and is reviewed and updated by the Committee of Experts of the Locarno Union at least once every five years. In order to align with international standards, the Canadian Classification adopts many attributes of the Locarno Classification, however additional subclasses are included to reflect Canadian practice. If required, the Industrial Design Office may review and update the Canadian Classification on an ad hoc basis.

The Canadian Classification consist of 32 classes that are themselves broken down in further subclasses. Specific classes are assigned based on the particular type of finished article to which the design is applied. For example, a design for a golf club would be classified as follows:

Class 21 Games, toys, tents and sports goods

└ 21-02 Gymnastics and sports apparatus and equipment

└ 21-02-01 Sports apparatus and equipment - golf

For the design to be classified accurately, it is important that the application clearly identifies the finished article, taking into account the representation of the design and any statement or description that may have been provided. Additional information about use or function, especially for articles with a specialized area of use or a technical nature, may assist the Industrial Design Office in the classification exercise. This information may be provided in a covering letter accompanying the application. If it is unclear from the content of an application what the finished article is and how it should be classified, the Industrial Design Office will issue an objection to the design‘s registration and require additional information or that modifications be made to the name of the finished article.

Section 10 – Advanced examination

10.01 – Request and fee

The Industrial Design Office will advance examination of an application out of the routine order on request, including payment of the required fee of $520.18, if it is paid in 2022, or $537.87, if it is paid in 2023.

Relevant provision(s): 23 IDR.

Section 11 – Delay of registration

An applicant may wish to delay registration of a design for a variety of reasons. For example, to allow more time to file a divisional application or to file another application for the same design in another country (some jurisdictions may reject an industrial design application if the design has already been registered in another country).