In January 2017, MOPOP Sections 17.07 and 17.08 relating to Biotechnology and Medicinal Inventions were revised by the Canadian Intellectual Property Office (CIPO). A comprehensive list of the changes is available here.

On January 16, 2017, CIPO also released six new industrial design practice notices (Practice Notices).  Noteworthy aspects of the Practice Notices include: a new recognition by CIPO that colour may form part of an industrial design; the deadline for applicants to respond to an examiner's report is reduced from four months to three months; and a computer-generated animated industrial design is registrable subject matter.

A summary of changes to industrial design practice described in the Practice Notices is available here

Links to the Practice Notices themselves are provided below:

  1. Timing of search to assess the originality of an industrial design application reduced where there is a priority claim, practice notice shown online here: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04190.html
  2. Time limits to respond to office actions reduced to three months, practice notice shown online here: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04189.html
  3. Implementation of notices of possible refusal, practice notice shown online here:  https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04188.html
  4. Delaying registration of an industrial design for up to six month from date of allowance, practice notice shown online here: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04183.html
  5. Colour as a registrable design feature of an industrial design, practice notice shown online here: https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04173.html
  6. Application for protection of computer-generated animated designs, practice notice shown online here:  https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr04169.html

Summary by: Robert Dewald

E-TIPS® ISSUE

17 01 25

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