Area of Law: Intellectual Property
Answer # 331
How long does an Industrial Design last?Region: Ontario Answer # 331
Ten years is the maximum time period for which your industrial design can be protected. A government maintenance fee must be paid five years after registration (or within six months after that upon payment of an additional late maintenance fee) in order to keep the registration valid. If it is not renewed at that time, the registration will expire and the protection will end. Your lawyer or patent agent can help ensure that your registration is maintained.
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.
New Industrial Design Act
On December 16, 2014, Bill C-43 received Royal Assent, amending the Industrial Design Act to make it consistent with the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs. The new Act is not yet in force.
Under the new Act, the term of exclusive right of a design will increase from 10 years from the date of registration, to the later of that date 15 years and the end of 15 years after the filing date.
For more information and current government fees, refer to the Canadian Intellectual Property Office.
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