What makes your product or technology visually distinctive? Industrial design captures the essence of every contour, curve, shape, and pattern that makes a product attractive and iconic.
A product’s design features is one of the most significant elements of creating an attractive product. A product’s design features can also enhance the user’s experience , which gives it an edge among competitors. If you produce products that have their own distinctive look, you will want to register its design to protect its aesthetic aspects.
Industrial design registrations, also known as design patents, do just this. They protect the visual design of your product or technology.
How it works
An industrial design can be registered for up to 10 years in Canada. It legally enforces protection over the following elements individually or collectively. Industrial designs (design patents) are available to any product that has original and distinct design elements that differentiate it from other existing designs.
Design patents protect:
- Shapes Patterns
If you are working on a new product, you likely want to make sure that your product stands out from the competition.
A registered design search will allow you to:
- See all the latest innovations in your field - including competition
- See how well similar products or technologies are doing in the marketplace
- Keep track of marketplace changes and demands
- Discover new businesses or potential partnerships
- Find new resources and information to apply to your ideas
- Avoid infringing on other design patents
- Avoid unauthorized commercial use
These components are highly important in the early stages of creating a successful design protection strategy. A suitable strategy is developed with your specific business and product in mind, and with a view to applicable time limits and other legal considerations.
This is where we come in.
What We Offer
Working with a professional advisor at Bhole IP Law in Toronto can not only help you determine whether your product is eligible for a design patent, but also determine what it will take to prepare your industrial design for eligibility.
Bhole IP Law provides the following industrial design-related services:
- International protection strategies
- Drafting and filing of industrial design applications
- Design examination / prosecution in Canada, the United States and internationally
- Clearance searches
- Infringement analyses
At Bhole IP Law our goal is to provide valuable insight and customized solutions throughout their process of working with us.
Industrial Design / Design Patent Essentials
Engineering design companies are experts in adding beauty to a functional product. Often, especially for products having a well-known use, the beauty and distinctiveness of the product is its primary selling point.
Industrial design (referred to in some jurisdictions as “design patent”) protection attaches to features of shape, configuration, pattern or ornament and any combination of those features that, in a finished article, appeal to and are judged solely by the eye.
Protecting a beautiful article can be a vital step in the product development cycle.
A registrable industrial design is generally one that is not identical with or does not so closely resemble any other design already registered as to be confounded therewith and not published more than one year prior to filing.
An application for industrial design registration is made by filing drawings and a description of the design along with a declaration and filing fee. The application should only claim one design though it may comprise several variants.
A filed application undergoes examination. In most cases, examination consists primarily of formal requirements, such as ensuring that the description and drawings are sufficiently clear and that the application does not claim more than one design.
Allowance and Registration
An application will be allowed provided it proceeds through examination. Once allowed, the applicant can pay a registration fee upon which the application will be issued and published. Should the applicant wish to file further applications (for example, further Canadian applications for another design shown in the drawings or corresponding foreign applications), the applicant can delay registration for a limited time to preserve such a right.
Foreign Industrial Design Applications
In many cases, an applicant will want to effect the filing of foreign industrial design or design patent applications. Bhole IP Law has a trusted network of foreign counsel and, in these cases, will engage foreign counsel to conduct filings on the client’s behalf.
If foreign filings are required, clients should be cognizant that instructions to file should be provided well in advance (ideally at least 2 weeks in advance) as foreign counsel may need to obtain certain information regarding the applicant and the application to comply with local practice.
In certain cases, the filing of a trade-mark application in one jurisdiction provides an applicant a six month window to file corresponding foreign applications. In such cases, the later-filed foreign application will be evaluated as if filed on the earlier filing date.
Are you looking into registering an industrial design? Get in touch with us to learn more about filing a formal design patent, today!