In order to obtain a filing date in Canada no document need be signed by the applicant. In every case, we as agents can sign all necessary papers required for a filing date.
- Items Needed to Obtain a Filing Date
- drawing(s) or photograph(s) of design (may be informal);
- title of design;
- written description of design; and,
- name and address of proprietor — see paragraph 4 below regarding “proprietor”.
To obtain a filing date, we can usually prepare a written description of the design from the drawing. A statement of the novel and original features of the design would assist us in drafting a written description. A filing date can be obtained without the necessity for the applicant to sign any application papers.
- Formal Drawings
Formal drawings must be filed in order to complete the application. Formal drawings should consist of two sets of sheets having a size of at least 8.5″x 11″, to a maximum of 8.5″ x 14″. The drawing sheets must have clear upper and left-hand side margins of approximately one inch (2.5 cm.). We can prepare formal drawings from good prints. Photographs are acceptable as formal drawings.
- Power of Attorney
No power of attorney is required; we can name our firm as the applicant’s agents.
The applicant may be the author(s) of the design or an assignee. We require the full name(s) and address(es) of the author(s); the full name(s) and address(es) of all proprietors of the design; and, details of the mechanism whereby each proprietor acquired an interest in the design.
Industrial design rights can be assigned before or after the design is registered.
- Convention Priority
Convention priority may be claimed if the Canadian application is filed within six months of the first-filed Convention priority. A certified copy of the priority document is not usually required.
- Statutory Bar – Publication
To result in a valid registration, the Canadian industrial design application must be filed no later than one year after first publication of the design anywhere in the world. Please indicate whether or not your client’s design has been published anywhere, by any means. If so, please advise us of the date, place and means by which the design was first published.
For more information please contact us.