CIPO Revises Ch. 17 of MOPOP, Releases Six Industrial Design Practice Notices

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

ETips Issue

17 01 25

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