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Ontario|Intellectual PropertyIndustrial Designs 331 How long does an Industrial Design last? Ten years is the maximum time period for which your industrial design can be protected. Depending on when your industrial design was originally registered, there are two possible ways to protect your ownership rights up to the ten year maximum.
- Registered after January 1994
First, if your registration for an industrial design was approved after January 1994, the registration will be valid for up to ten years, subject to payment of maintenance fees. After the first five years you will have to pay a government maintenance fee of $215. If you forget to pay the maintenance fee during the first five years, there is a six month grace period. If you make a request to maintain an industrial design registration in the six months following the five year period, the maintenance fee increases to $250. Your lawyer or patent agent can help ensure that your registration is maintained.
- Registered prior to January 1, 1994
Second, if you registered an industrial design prior to January 1, 1994 then the registration period is for five years. You can renew the registration for an additional five years by sending a letter of request and a government renewal fee of $215 to the Office of Industrial Designs. If you make a request to renew the registration in the six months following the five year period, then the renewal fee increases to $250. If you do not renew within the six months following the five year period, you will not be able to renew the registration.
Once the ten year registration period has expired, the registration cannot be renewed. The industrial design is no longer protected and other people may legally use the design without your permission.
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