Area of Law: Intellectual Property
Answer # 331
How long does an Industrial Design last?Region: Ontario Answer # 331
Under recent changes to the Industrial Design Act, the maximum term of exclusive right of a design has increased from 10 years, to 15 years. This means that 15 years is the maximum time period for which your industrial design can be protected.
Specifically, your term of exclusive right:
- begins on the date of registration and ends on the later of the end of 10 years after registration and 15 years from the Canadian filing date.
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. The industrial design is no longer protected and other people may legally use the design without your permission. Your lawyer or patent agent can help ensure that your registration is maintained.
For more information, refer to the Canadian Intellectual Property Office.
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