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Industrial Designs, Design Patents and Models

Industrial designs/design patents/models designate the visual characteristics of a manufactured object.

 

The registration of an industrial design protects the aesthetic aspect of an object of consumption (sold in over 50 copies). Any object of consumption with new aesthetic features may be subject to design registration. Thus, the registration of an industrial design does not protect the object itself or its function, but only the particular shape of this object.

The registration of an industrial design grants a monopoly, which varies between 10 and 25 years, depending on the country, the manufacturing, the sale and/or the importation of the protected object.

However, the registration of an industrial design does not protect the technical and functional aspects of the object, which can only be achieved by using the patent process.

As a firm of lawyers, patent and trade-marks agents, we have all the tools to assist designers and creators in registering their industrial designs in Canada and abroad. Therefore, our mission is to assist designers and creators in all stages related to the protection of their designs. To do so, we offer designers/creators a wide range of services, including:

  • Conduct searches (state of the art, registrability, freedom to operate);
  • Conduct analysis and issue opinions on registrability, validity and/or on the infringement of industrial designs;
  • Drafting, preparation, filing, prosecution and maintenance of industrial design registration applications in Canada, the United States, Europe, China and worldwide;
  • Assess and develop strategies for managing industrial designs portfolios;
  • Renewal of industrial designs in Canada and abroad;
  • Drafting of purchase and sale agreements and other industrial design transfers;
  • Negotiation and drafting of license agreements, assignments and security agreements;
  • Perform due diligence and industrial design audits;
  • Defend against infringement allegations and enforce industrial designs’ rights against infringers before the Courts;
  • Develop strategies for Canadian and foreign applicants;
  • Training sessions (registrability searching, drafting and filing industrial design applications);
  • Monitoring and follow-up of industrial designs’ applications.

 

Thus, whatever the designers and creators’ needs, we are able to provide services tailored to their needs.

 

LET US PROTECT YOUR RIGHTS.

 

Call us at 514-798-0885 for a free initial meeting or contact directly one of our professionals:

Philippe Brouillette