Industrial design registrations under the Industrial Design Act (the “Act”) are similar to design patents in the US. They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, such as the design of a table or the shape of a computer monitor.

The Canadian Intellectual Property Office (CIPO) published six new practice notices on January 13, 2017 regarding the industrial design registration process under the Act. Each notice came into effect immediately and affects both pending and future design applications. According to CIPO, the changes will improve client service, reduce administration and modernize Canadian practices in order to align those practices with international standards. These changes may also impact registrable subject matter (see below).

1. Computer-Generated Animated Designs

With this practice notice, the objective of the Industrial Design Office (“the Office”) is to recognize that a computer-generated animated industrial design is registrable subject matter. Under the new practice, the Office will consider computer-generated animated designs as one design. Drawings for a design will be viewed as a sequence of frames. Applicants may petition the Office to re-examine any pending application. This practice is intended to keep pace with new technologies.

2. Colour as a Registrable Feature

With this practice notice, colour will now be recognized by the Office as forming part of a combination of features of an industrial design. Previously, colour has not been recognized as registrable subject matter. This practice keeps pace with international norms.

Read more: http://www.ilnipinsider.com/2017/01/industrial-design-protection-in-canada-changes-before-the-office-january-2017/