Industrial Design Consultation

CIPO has released consultation documents on the timing of accelerated examination for industrial design applications with claims of priority.

The consultation documents relate to the order in which industrial design applications are examined when there are claims to priority. The proposed practice would allow an applicant to provide the priority documents specified under Section 20(2) of the Industrial Design Regulations with a request for accelerated examination, and the examination may begin as early as 6 months from the priority date. The current practice is to wait at least 6 months from the Canadian filing date.

Section 20(2) of the Industrial Design Regulations states:

20. (2) If, at any time before the registration of the design for which priority is sought, an application is made for a design that is identical to or so closely resembles the design as to be confounded with it, the Commissioner must so advise in writing the applicant who is requesting priority and request that the applicant provide the following documents

(a) a certified copy of the foreign application on which the request is based; and

(b) a certificate from the office in which the application referred to in paragraph (a) was filed showing the date of its filing therein.

(3) The request for priority is suspended until the certified copy and the certificate have been filed.

The consultation period closes May 31, 2012.