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Ontario|Intellectual PropertyIndustrial Designs 329 What is included in an Industrial Design application? The following is a general overview of the application procedure for an industrial design registration. Applying for an industrial design registration is a very complicated process. If you decide to register your industrial design, you should consider contacting a patent lawyer or a registered patent agent for assistance.
The application for an Industrial Design must follow a standard format. There are three items that are required: the Filing Certificate, the Application For Registration of a Design, and drawings or photographs of the design. You will also have to pay an application fee of $160.
- Filing Certificate
The first form is the Filing Certificate. The Filing Certificate includes a checklist that tells you what other forms and documents are required.
- Application For Registration of a Design
The second form is the Application For Registration of an Industrial Design. On this form you must provide the generic name or the common name of the design, such as fabric, chair, or typewriter. This form also requires a written description of the design features which are new and original. Your lawyer or patent agent may write a description which identifies important visual features of the design. The description should describe the design, not the article to which it applies, or how the article functions or performs. The wording for the description is very important because it may influence how much legal protection is given to your design.
For example, if the description is worded in very specific terms, the legal protection given may only correspond to those specific criteria that have been outlined. This is why it is so important to hire a lawyer or a patent agent to assist you in preparing your application.
- Drawings
The final items required are the drawings and/or photographs of the design applied to the manufactured article. There are specific requirements with respect to the size, quality and detail of the drawings or photographs that you provide. In general, the drawings or photographs must show how the design is applied to the article. Also, the article should be shown clearly and to scale so that the drawings or photographs can be photocopied. The signature of the applicant should be placed on the lower right hand corner of each drawing or photograph.
It is important to make sure that all aspects of your application are correct, including the drawings, because it is difficult to make changes after you have filed an application.
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