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Mai 31, 2017 (Newsletter Issue 10/17)
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Practice Changes / Colour as a Registrable Feature of Industrial Design

The Canadian Intellectual Property Office (CIPO) recently announced six changes to its Industrial Design Office (the Office) practices with the objectives of improving service to clients, reducing administrative burden, and modernizing our practices to align with international norms. The changes were based largely on feedback from the Industrial Design Practice Committee (IDPC).

The changes included the following:
- Computer-generated animated designs
- Colour as a registrable feature of an industrial design
- Reducing time limits to respond to office actions
- Search to assess originality where there is a priority claim
- New notices of possible refusal
- Delaying the registration of an application

Under the new practice, CIPO will accept color as registrable subject matter of an industrial design. In doing so, color will be permitted to be an additional feature in combination with the features of shape, configuration, pattern or ornament and any combination thereof.

Drawings or photographs filed in respect of an application for registration of a design that includes colour as a feature must be filed in paper form and in colour. Current technical limitations prevent the Office from accepting colour drawings or photographs in electronic form. The Office will scan the paper drawings or photographs to display them in colour on the online Industrial Design Database and in registration packages. In the event of a discrepancy between the colour in the paper file that was submitted to the Office and the colour displayed online or in the registration packages, the paper file will be considered to be the best representation of that colour.

More information can be accessed here