The industrial design process consists of the following steps:
Similarly to the other intellectual property right, a prior art search is imperative to avoid filing an application which end up being rejected.
Only the owner of the industrial design can file the application. Your industrial design application includes a declaration that you are in fact the proprietor of the original design and that you have no knowledge of someone else has already used the said design.

Your application form must also include the following:

  • Your name and complete street address;
  • The following particulars:
    • The title identifying the finished article to which the design is applied
    • An accurate, adequate, and complete description of the visual features of your design as part of the article by providing an accurate picture of the features of shape, configuration, pattern, or ornament, or a combination of these. The description must not refer to how but rather to the what it is made of, how it functions, the related sizes or dimensions
    • At least one drawing or photograph show every feature of your original design as it is applied to the finished article. The drawing’s or photograph’s conventional views include perspective, front, back, top, bottom, right side, left side;
  • The name and complete street address of a representative for service; and
  • The prescribed fees.

The Industrial Design office will review your application to make sure the basic administrative requirements have been met. If your application is complete, a filing certificate will be issued to acknowledge that the application has been received, processed and given a filing date, and a number assigned to your application. If it is incomplete, the Industrial Design Office will notify us of any deficiencies.

Once completed, your application will be classified and hereafter assessed by an examiner to make sure the title, description and drawings or photographs comply with the Industrial Design Act and Industrial Design Regulations. In addition, the examiner will assess the originality of your design, i.e. whether the particulars of your application are clear in defining the visual features of your design as part of the article making sure that your application relates to only one design or variants.

Moreover, the examiner will compare your application to previously registered and published designs for similarity.

In the affirmative, the examiner will either allow your application for registration or issue an office action report enumerating the objections, giving you the opportunity to respond.
Once approved by the examiner, your design will be registered and a certificate of registration will be issued in your name. This certificate is evidence of ownership and of the originality of your design.

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