FKINP Choose a filing route by market coverage
Use CIPO for protection in Canada, the Hague System for multiple designated member countries or regions, or a foreign intellectual-property office for a particular foreign jurisdiction.[1] Industrial-design rights generally apply only where the design is registered.[1]
Direct CIPO filing
- Geography: A direct application to the Canadian Intellectual Property Office covers Canada only.[1]
- Filing and management: CIPO examines the application and registers the design unless satisfied it is not registrable under the Industrial Design Act.[1][4]
- Suited to: Applicants seeking Canadian protection without an international filing route.[1]
WIPO Hague System
- Geography: One international application can designate multiple Hague System members, including Canada, the United States, the European Union, Japan and South Korea.[1]
- Filing and management: The system uses one application, payment, currency and WIPO transaction, with maintenance and management centralized through WIPO.[1]
- Suited to: Applicants seeking coordinated protection across several Hague members.[1]
Canada has participated in the Hague System since November 5, 2018.[1]
Direct foreign-office filing
- Geography: Coverage is limited to the country or region served by the foreign intellectual-property office.[1]
- Filing and management: The application is filed directly with that office rather than through CIPO or one Hague transaction.[1]
- Suited to: Applicants focused on one particular foreign jurisdiction.[1]
What representations does CIPO require?
CIPO requires at least one representation of the design. It may be a reproduction, drawing or photograph, and may show the design alone or applied to the finished article.[1] Applicants may provide as many views as necessary.[1]
The representations must disclose the design fully and clearly enough for its features to be identified accurately.[1] A single image meets the numerical minimum, but additional views may be needed if relevant features would otherwise be unclear.[1]
LawyerInfo.ca says black-and-white line drawings and multiple specified angles are mandatory.[7] CIPO instead permits drawings or photographs and as many views as necessary.[1] Heer Law describes front, back, left, right, top, bottom and perspective views as typical, not as CIPO’s universal minimum.[1][6]
Should you self-file or appoint an IP agent?
An agent is optional. CIPO nevertheless recommends professional assistance because drafting and prosecution involve design law, office practice, correspondence, deadlines and amendments.[1]
Self-filing
- Control: Without an appointed agent, CIPO communicates directly with the applicant.[1]
- Responsibility: The applicant handles drafting, correspondence, deadlines, amendments and decisions about how the representations define the intended design.[1]
- Suited to: Applicants prepared to manage the procedure and decide whether to claim the whole design, protect shape alone or leave part of the design outside the claim.[1]
Appointing an IP agent
- Control: Once appointed, the agent must prosecute the application. CIPO communicates with and accepts instructions only from that agent while the appointment remains in effect.[1]
- Responsibility: The agent can advise whether to protect shape alone, disclaim part of the design or claim the whole design, then draft the application to protect the intended design.[1]
- Suited to: Applicants seeking help with representation strategy, design law, CIPO practice, correspondence, deadlines and amendments.[1]
Appointment requires notice to CIPO containing the agent’s name and postal address.[1] An applicant may change agents at any time or stop using one.[1]
What to confirm with each provider
For direct CIPO filing, a government application fee is mandatory, federal and provincial taxes do not apply, and the amount is adjusted each January 1.[1][4][7] Check CIPO’s official fee schedule before filing.
CIPO’s guide and the cited pages from Heer Law, LawyerInfo.ca and Higgerty Law do not confirm comparable all-in route totals or publish agent contract lengths, service guarantees, refund policies or cancellation terms.[1][6][7][8]
Request a written quote and engagement agreement that:
- separates government charges from professional fees;
- identifies the filing and prosecution work included, plus charges for additional responses or amendments;
- lists WIPO, foreign-office and foreign-associate fees separately;
- explains who may authorize responses and how approval will be documented, since CIPO accepts instructions from the appointed agent while the appointment remains in effect;[1]
- states the contract length, service commitments, change-of-agent process, cancellation rights and refund terms.
Checklist before filing
- Protectable subject matter: Industrial-design protection concerns visual appearance, not materials, manufacturing methods or function. Protected features may include shape, configuration, pattern, ornament or colour applied to all or part of a finished article.[1][3][4]
- Ownership: Identify the proprietor entitled to apply. The author is generally the first proprietor unless the design was created for another person for valuable consideration.[1][3]
- Timing: Canada follows a first-to-file system. An earlier application for an identical or substantially similar design can block a later application.[1][4]
- Application contents: Confirm the finished article’s commonly understood name, the applicant’s name and postal address, the prescribed fee and a representation that fully and clearly discloses the design.[1][4]
- Agent authority: If appointing an agent, document who gives instructions, which tasks and costs are included, and how the appointment may be changed or ended.[1]
References
- Industrial designs guide (canada.ca)
- Industrial Design Act (gc.ca)
- Industrial Design Act ( RSC , 1985, c. I-9) (gc.ca)
- Industrial Design Rights And The Benefits Of Registration (heerlaw.com, 2025)
- Timeline to Register an Industrial Design in Canada (lawyerinfo.ca, 2026)
- Guidelines for Registering an Industrial Design (higgertylaw.ca)
