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ARTICLE · 09 NOVEMBER 2018

Using The New Canadian Industrial Design Practices To Your Advantage

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

Borden Ladner Gervais LLP

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Companies who want to protect the unique look of their products in Canada will have more options and greater flexibility starting November 5, 2018.

CanadaIntellectual Property

Background

Industrial designs (or design patents in the United States) are gaining a higher profile as part of a company's intellectual property (IP) strategy. Designs were central in the Apple v. Samsung patent battles. Protection now extends beyond product design to retail store layouts, user interfaces, and animated icons.

Below are some highlights of the practice and regulation changes.

Greater Flexibility

Companies can benefit from the following welcome practice changes, which make it easier to leverage practice similarities with Europe and the United States, among other jurisdictions:

  • Applications can be filed electronically using PDF files, which will help avoid drawing quality objections

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