Industrial Design Regulations (SOR/99-460)

Regulations are current to 2014-10-15 and last amended on 2014-09-26. Previous Versions

Industrial Design Regulations

SOR/99-460

INDUSTRIAL DESIGN ACT

Registration 1999-12-02

Industrial Design Regulations

P.C. 1999-2135  1999-12-02

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 25Footnote a of the Industrial Design Act, hereby makes the annexed Industrial Design Regulations.

INTERPRETATION

 The definitions in this section apply in these Regulations.

“Act”

“Act” means the Industrial Design Act. (Loi)

“agent”

“agent” means a person or firm appointed by an applicant to act on their behalf for the purposes of these Regulations. (mandataire)

“applicant”

“applicant” means a person who is named as the proprietor of a design in an application or the person to whom a design has been assigned while the application is pending. (demandeur)

“application”

“application” means, except as otherwise provided in these Regulations, an application for the registration of a design filed under section 4 of the Act. (demande)

“Commissioner”

“Commissioner” means the Commissioner of Patents. (commissaire)

“Office”

“Office” means the industrial design section of the Office of the Commissioner of Patents. (Bureau)

“registered proprietor”

“registered proprietor” means, in respect of an industrial design, the person whose name appears in the Register of Industrial Designs as the proprietor of the industrial design. (propriétaire inscrit)

“representative for service”

“representative for service” means a person or firm in Canada who is appointed by an applicant or registered proprietor to receive any notice or on whom documents are to be served on behalf of the applicant or registered proprietor for the purposes of these Regulations. (représentant aux fins de signification)

FILING OF APPLICATIONS

 An application under subsection 4(1) of the Act must be filed with the Minister by delivering it to the Office or to an establishment referred to in subsection 3(4).

CORRESPONDENCE

  •  (1) Correspondence intended for the Commissioner or the Office must be addressed to the Commissioner.

  • (2) Correspondence addressed to the Commissioner may be physically delivered to the Office during ordinary business hours of the Office and must be considered to be received by the Commissioner on the day of the delivery.

  • (3) For the purposes of subsection (2), where correspondence addressed to the Commissioner is physically delivered to the Office outside of its ordinary business hours, it must be considered to have been delivered to the Office during ordinary business hours on the day when the Office is next open for business.

  • (4) Correspondence addressed to the Commissioner may be physically delivered to an establishment that is designated by the Commissioner in the Canadian Patent Office Record as an establishment to which correspondence addressed to the Commissioner may be delivered, during ordinary business hours of that establishment, and

    • (a) where the delivery is made to the establishment on a day that the Office is open for business, the correspondence must be considered to be received by the Commissioner on that day; and

    • (b) where the delivery is made to the establishment on a day that the Office is closed for business, the correspondence must be considered to be received by the Commissioner on the day when the Office is next open for business.

  • (5) For the purposes of subsection (4), where correspondence addressed to the Commissioner is physically delivered to an establishment outside of the ordinary business hours of the establishment, it must be considered to have been delivered to that establishment during ordinary business hours on the day when the establishment is next open for business.

  • (6) Correspondence addressed to the Commissioner may be sent at any time by electronic or other means of transmission specified by the Commissioner in the Canadian Patent Office Record.

  • (7) For the purposes of subsection (6), where, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is open for business, it must be considered to be received by the Commissioner on that day.

  • (8) For the purposes of subsection (6), where, according to the local time of the place where the Office is located, the correspondence is delivered on a day when the Office is closed for business, it must be considered to be received by the Commissioner on the day when the Office is next open for business.