What’s an industrial design patent?

Industrial design patents can cover unique ideas, features, patterns, configurations, shapes, or ornaments of an object, and is protected for 10 years. The design is usually an article made by tools, machines, or hand.

For example, the shape of a Coca-Cola bottle or of a snowboard are both industrial designs. Basically, an industrial design patent covers the way a product looks. It can cover the shape of an object, as well as 2D features like its colour or its patterns.

Registering an industrial design patent

You must register your industrial design within 12 months of publication, so it’s protected against imitation. To register an industrial design patent, you need to submit an application form with a photo or drawing of your property, followed by an assessment. This process can take up to a year, due to the amendments and additional information that might be needed, and usually costs around $400. The maintenance of the registration fee, however, can cost around $350.

To show you’ve got an industrial design patent, you can use a capital “D” inside a circle on the object in question, followed by your name.

You can read more about industrial designs at the Canadian Intellectual Property Office’s website.

Further reading about intellectual property:

• How to get a patent in Canada
• How to get copyright and trademark protection for your small business