Industrial Design Fee Changes

Summary#

This notice proposes changes to the Industrial Design Regulations (under the Industrial Design Act) that mainly update the fees charged for filing and other services. If adopted, the new fee schedule would take effect on January 1, 2024; interested people can make representations within 30 days of the notice (published December 31, 2022).

What it does#

• Updates the fee for filing an application to a basic fee of $567.00 and an extra fee of $14.00 for each photograph or graphic reproduction beyond 10.
• Replaces several other fees in the schedule with new amounts:
  • Item 2: $496.00
  • Item 3: $63.00
  • Item 4: $125.00
  • Paragraph 5(a): $1.00
  • Item 6 (a), (b), (c): $13.00 each
  • Paragraph 7(a): $44.00
  • Item 8(a): $44.00 and 8(b): $13.00
  • Item 9: $284.00
  • Item 10: $709.00
  • Item 11: $125.00
• Encourages comments to be submitted online or by email to Doug Milne at the Canadian Intellectual Property Office; representations must be made within 30 days of the notice.

Who's affected#

• Individual designers and design firms that apply for industrial design protection in Canada.
• Businesses that register product designs as part of their intellectual property strategy.
• Intellectual property agents and lawyers who file and manage industrial design applications through the Canadian Intellectual Property Office.
• The federal department overseeing the rules (the Department of Industry) and officials who administer fees and services.

Why it matters#

• The changes change the cost of using Canada’s industrial design system. That affects how much it costs to file applications, add images, request certain services, or maintain registrations.
• Small businesses and individual designers may see their filing budgets go up or down depending on which fees apply to them.
• The notice is a proposal, not final law; the public has 30 days to comment before the rules could be adopted and take effect on January 1, 2024.