We are excited to report that the Industrial Design Office now takes the position that colour may form part of a combination of features that constitute a design as defined in section 2 of the Industrial Design Act. However, colour as the sole design feature is not considered to fall within the definition of a design.
The Canadian Intellectual Property Office (CIPO) also announced changes to five (5) other industrial design office practices.
The six (6) practice changes are related to:
- applications for protection of computer-generated animated designs
- colour as a registerable feature of an industrial design
- time limits to respond to office actions
- the search to assess the originality of an application where there is a priority claim
- the issuance of notices of possible refusal
- delaying the registration of an application
A fact sheet providing an overview of the changes is also available.