Everything you need to know about getting an Industrial Design legal services at Goodlawyer: pricing, scope of work, benefits, and frequent questions.
Goodlawyer offers a wide variety of industrial design and design patent services, all of which are available whether you are applying for industrial design or design patent protection in Canada or the US. On this page, you will be able to book the following services:
- Industrial Design / Design Patent Application Services, which include:
- Industrial Design / Design Patent Objection Response
- Industrial Design Maintenance
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1. Industrial Design / Design Patent Application Services
What are they and Who are they for
An industrial design (Canada) or design patent (US) is a shape, configuration, pattern, or ornamentation in a finished product that relates to appearance, rather than functional or utilitarian features. Registered industrial designs and design patents are a form of intellectual property (IP) that protect unique visual design features in countries where the design is registered. They provide the owner the exclusive right to make or sell anything using the registered design. In Canada, industrial designs last for up to 15 years from the date of filing the application, while in the US they last for fifteen years from the date of the grant.
A registered industrial design or design patent can be essential for securing your business’s value if you rely on a unique aesthetic design to sell your product. However, ensuring your application meets the legal requirements for registration can be complex. Goodlawyer IP Lawyers have extensive experience helping clients with the entire industrial design and design patent process. When you book Industrial Design Services, your Good Lawyer will work with you to identify a strategy that meets your business’s needs and draft an industrial design or design patent application that’s more likely to succeed.
This service is for business owners looking to protect their aesthetic, non-utilitarian designs in Canada or the US with a registered industrial design (Canada) or design patent (US). Industrial designs and design patents may include a unique shape, configuration, pattern, or ornamentation on a finished product relating to appearance, not function.
a. Industrial Design / Design Patent Strategy Session
For business owners seeking advice to help them determine which of their assets they can protect with an industrial design or design patent, which jurisdictions they should enter, and what to prioritize. This is often the first step in preparing an industrial design or design patent application.
- Inquiry into what you want to register as an industrial design or design patent, the scope of the design, what countries you plan to enter, and your business priorities.
- Inquiry into the inherent registrability of the industrial design or design patent.
b. Industrial Design / Design Patent Application
This service is for business owners ready to draft and file an application for a Canadian Industrial Design or US Design Patent. Most applications will first require a Strategy Session before they are ready to be drafted.
- Preparation and filing of the required documents with the Canadian Intellectual Property Office (CIPO) or US Patent and Trademark Office (USPTO).
2. Industrial Design / Design Patent Objection Response
What is it and Who is it for?
When a Canadian Industrial Design or US Design Patent application is filed, there is always a chance that the Examiner will raise objections to the application in an “Examiner’s Report” (Canada) or “Office Action” (US). Examiner’s Reports may ask questions about your application, or they may raise objections to your application stating why they think the design doesn’t meet the legal requirements for registration. In the event that you receive an Examiner’s Report or Office Action, you will need to adequately respond to prevent your application from being deemed abandoned.
A professionally prepared Industrial Design or Design Patent Objection Response will help you cover all your bases when responding to any objections raised against your application, increasing the likelihood of a successful application.
This service is for businesses or individuals that have already submitted a Canadian Industrial Design Application or US Design Patent Application and have received notice of an Examiner’s Report (sometimes referred to as an “Office Action”).
Pricing and Scope
Industrial Design or Design Patent Objection Responses always require a custom fixed-fee quote because the complexity of each case will vary significantly. Your lawyer will always prepare a fixed-fee quote before beginning any work and will seek your approval before proceeding — no surprises.
- Client intake meeting
- Any required action to address an Examiner’s Report or Office Action
3. Industrial Design Maintenance
Five years after a Canadian industrial design is registered, a maintenance fee must be paid to the Canadian Intellectual Property Office (CIPO) to keep a registered industrial design enforceable against third parties. Goodlawyer IP Lawyers will help you speed up and simplify your Canadian industrial design maintenance process.
This service is for business owners with a Canadian registered industrial design that needs to be maintained (five years after registration).
- Payment of maintenance fees on behalf of the client and submission of any required documents.
Why should I book an Industrial Design / Design Patent service?
A registered industrial design or design patent prevents anyone else from using or selling your design in the country where it is registered; only the registration holder can generate revenue from the design by selling or licensing it to others. With that protection, you can prevent copycats from profiting off an identical or substantially similar design for up to 15 years.
Increase investor confidence.
Investors want to see that a company has proper IP protections in place. Obtaining a registered industrial design for your key IP assets can help increase investor confidence that your business’s value is protected.
Make it easier.
Industrial design applications are complex, and Design Examiners look for specific language when approving them. Using a Good Lawyer experienced with an industrial design or design patent applications will save you all the time it would take to prepare a strong application yourself.
Keep your industrial design enforceable.
Industrial designs need to be maintained with the Canadian Intellectual Property Office (CIPO) five years after registration to stay current and enforceable against third parties. If prescribed fees are not paid, your exclusive right in the industrial design will expire.
Frequently Asked Questions
How long does an industrial design or design patent registration take?
Registrations can take around 12 to 18 months to get approved, but the process can take longer depending on a number of factors.
How long does a registered industrial design last?
Registered Canadian industrial designs last for 10 years after the date of registration (i.e. after the application is approved) or 15 years after the application is filed, whichever is later. In other words, you may get between 10 to 15 years of the exclusive right to the industrial design. Registered US design patents last for 15 years from the date they are granted.
Keep in mind that for Canadian Industrial designs, a maintenance fee must be paid after five years from the date of registration for its enforceability to continue.
After the 10 to 15 year period expires, the industrial design or design patent is said to “enter the public domain”. This means that the owner of the design no longer has a monopoly on using and selling the design, and third parties can now use it to create profit.
Can my application get rejected even if I use a lawyer?
Unfortunately, yes. It is common for Industrial Design or Design Patent Examiners to raise objections to an application via an “Examiner’s Report” or “Office Action” which will outline specific deficiencies in the application. If this happens, your Good Lawyer can help you respond to the Examiner’s Report by amending your application or submitting arguments.
Do I need a lawyer to prepare and file an industrial design or design patent application?
Not necessarily; a person or company can technically file an application on behalf of themself if they are the owner of the design. However, industrial design and design patent applications are complex and ensuring that they are prepared in a way likely to be accepted by the CIPO or USPTO can be challenging. Using a Good Lawyer experienced in preparing industrial design or design patent applications will save you time and money and will increase the chances of a successful application.
Does registering my design in one country give me protection in other countries?
No. A registered design only protects your design rights in the country it is registered in. If you want to protect your design internationally, your Good Lawyer will provide you information about the process for applying to register your design in other countries.
Do I need a lawyer in my province for Canadian Industrial Design Services?
No, you don’t need a local lawyer to work with you on preparing and filing your Canadian industrial design application.
Do I need an American lawyer for US Design Patent Services?
Yes, you need a US lawyer to prepare and file your US design patent application. Goodlawyer can connect you with a network of qualified US lawyers who can help you with your US design patent needs.
"All our questions were answered and it gave us an excellent level of comfort in an area in which we have no experience."
Brigitte, October 2020, 5-Star Google Review
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