Industrial Design Fee Changes

Summary#

This is a proposed change called the Regulations Amending the Industrial Design Regulations that would change several fees charged for industrial design filings and related services. The notice was published on December 31, 2022 and, if adopted, the new fees would take effect on January 1, 2024; people had 30 days from publication to comment.

What it does#

• Updates the fee schedule used by the federal office that handles design registrations. The main listed fee changes include:
  • Filing (basic fee): $567.00.
  • Filing (additional fee for each photograph or graphic reproduction after the first 10): $14.00 each.
  • Item 2 fee: $496.00.
  • Item 3 fee: $63.00.
  • Item 4 fee: $125.00.
  • Paragraph 5(a) fee: $1.00.
  • Item 6(a), 6(b), 6(c) fees: $13.00 each.
  • Paragraph 7(a) fee: $44.00.
  • Item 8(a) fee: $44.00; item 8(b) fee: $13.00.
  • Item 9 fee: $284.00.
  • Item 10 fee: $709.00.
  • Item 11 fee: $125.00.
• The notice points interested readers to the Department of Industry and the Canadian Intellectual Property Office for details and to submit comments. Comments were to be sent within the 30-day period, and the contact named for submissions was Doug Milne.

Who's affected#

• Individuals and companies that apply to register industrial designs with the federal office that handles designs (the Canadian Intellectual Property Office).
• Intellectual property agents and lawyers who file on behalf of clients.
• Businesses that prepare many photographs or graphic reproductions for design applications (since there is a per-image charge after 10 images).
• The notice does not specify other groups; if you are unsure whether you will be affected, the Canadian Intellectual Property Office can confirm.

Why it matters#

• These changes change how much it costs to file and manage industrial design registrations. That can affect small businesses, designers, and startups that rely on design protection.
• The per-image fee may influence how many views or photographs applicants include with an application.
• Because this was a proposed change (Part I of the Canada Gazette), it was open for public comment before any final decision. If you work with industrial designs, it was a good moment to review the changes and comment.