10. (1) An application must relate to one design applied to a single article or set, or to variants.
(2) If an application does not comply with subsection (1), the applicant or their agent must limit the application to one design applied to a single article or set, or to variants.
(3) Any other design disclosed in the application referred to in subsection (2) may be made the subject of a separate application, if it is accompanied by the applicable fees set out in column 2 of item 1 of Schedule 2.
11. (1) Subject to section 29 of the Act, the filing date of an application is the date on which the Office receives the information required by paragraphs 9(2)(a), (b) and (c) and a drawing or photograph of the design.
(2) A separate application referred to in subsection 10(3) has the same filing date as the initial application if it is filed
(a) before the design in the initial application is registered; and
(b) where an initial application has been abandoned, before the expiry of the period set out in section 17 for reinstating of the initial application.
DOCUMENTS AND MATERIALS
12. (1) All documents filed with the Minister must be clear and legible and be presented so as to permit direct reproduction in black and white.
(2) Documents filed in paper form must be printed
(a) on one side only;
(b) on white paper, except for photographs; and
(c) on paper that measures between 20 cm and 22 cm in width and between 25 cm and 36 cm in length.
(3) Documents filed in electronic form in connection with applications and registered designs must be in an electronic format specified by the Commissioner in the Canadian Patent Office Record.
- SOR/2008-268, s. 4.
13. (1) The Minister shall refuse any document submitted to the Minister that is not in the English or French language unless the applicant submits to the Minister a translation of the document into one of those languages.
(2) The text of an application shall be wholly in English or wholly in French.
- SOR/2008-268, s. 4.
14. (1) Subject to subsection (2), the Commissioner may not recognize a person or firm as an agent unless the applicant, or the person or firm acting as the agent, delivers to the Commissioner a written notice signed by the applicant that states that the person or firm is the agent.
(2) Subsection (1) does not apply if the agent communicating with the Commissioner has been named in the application.
(3) If the Commissioner receives correspondence from a person or firm who claims to be an agent but in respect of whom no written notice has been given under subsection (1) and who has not been named as the agent in the application, the Commissioner must notify the person or firm in writing that the person or firm has 60 days from the date of issuance of the notification to file a written notice signed by the applicant that states that the person or firm is the agent.
(4) If the person or firm delivers the written notice to the Commissioner within the 60 days, the Commissioner must consider the correspondence to have been filed on the date that it was initially filed.
(5) If the written notice is not received within the 60 days, the Commissioner must remove the correspondence from the file and consider it not to have been filed.
(6) The appointment of an agent may be revoked by the applicant or the agent by submitting to the Commissioner a notice of revocation signed by the applicant or the agent.
- Date modified: