News
Canadian Industrial Designs
April 2008
Industrial Designs is the smallest of the product lines in the Canadian Intellectual Property Office and has traditionally played a subsidiary role in CIPO to patents and trade-marks. Prior to CIPO implementing major fee increases in January, 2004, the Industrial Design Branch was unable to generate sufficient revenue to even cover its operating expenditures. Further, frequent changes in the Director of the Industrial Design Branch in recent years have resulted in a lack of leadership and stability at the head of the Branch.
With the additional revenue generated from increased filing fees and other newly-implemented fees, the Industrial Design Branch has undertaken projects with the view to streamlining internal work processes and simplifying industrial design procedures. As well, the Branch has hired additional examiners to assist in reducing examination turnaround times.
Despite ten percent annual increases in filings of new design applications, the Industrial Design Branch has reduced turnaround times from filing to first action from about fourteen months to less than eleven months in two years. Also, the Branch has a goal of further reducing turnaround times to first action to nine months this year.
Further, the industrial design online database became available November 29, 2007 and includes more than 145,000 design registrations dating back to December 1861.
Canada has its own Design Classification System which it is revising to facilitate the conducting of design searches. Further, the Branch is considering utilizing the Locarno classes together with more detailed subclasses from the Canadian Classification System. This would eventually permit Canada to harmonize internationally with other Intellectual Property Offices.
The Industrial Design Act is in serious need of amendment and modernization. However, major changes to the Act are not a parliamentary priority and therefore significant legislative amendments are not likely to occur in the near future.