We Have Liftoff: Canada's New Industrial Design Regime Has Launched

November 5, 2018, marks an important step in the evolution of the industrial design regime in Canada. Numerous and substantial amendments to the Industrial Design Act and Rules are now in force. These amendments modernize Canada's industrial design law and bring it into better harmony with other jurisdictions. Here are some of the most important highlights that apply to applications filed on or after November 5, 2018:

• Divisional applications provide more flexibility than before. An applicant may now file a divisional application for any design that was originally disclosed – not merely claimed – in the parent application as filed. For example, the Canadian Industrial Design Office has indicated that the applicant is able to file a divisional application with portions of the design in solid lines that were shown in dotted lines in the parent application as originally filed, and vice versa. Divisional applications also remain available for cases where the Canadian