Annual Technical Report 2007 on Industrial Design Information Activities submitted by Canada (SCIT/ATR/ID/2007/CA)

Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.

The expression "industrial designs" covers industrial designs and models. Offices which issue design patents should report their design patent information activities in this series of Annual Technical Reports.

I. Evolution of registration activities

Changes experienced in terms of application filings and grants (registrations) with respect to the previous year

Industrial Design Applications

Year Residents Non-residents Total % change

2003 748 2,951 3,699
2004 636 3,488 4,124 11.49
2005 583 3,886 4,469 8.37
2006 640 4,195 4,835 8.19
2007 569 4,500 5,069 9.29


Industrial Design Registrations

Year Residents Non-residents Total % change

2003 460 2,130 2,590
2004 564 2,546 3,110 20.08
2005 530 2,771 3,301 6.14
2006 411 3,043 3,454 10.45
2007 606 4,981 5,587 61.75

II. Matters concerning the generation, reproduction, and distribution of industrial design documents and of secondary sources of industrial design information, i.e., official gazettes

Publishing, including printing, copying techniques and electronic printing

The Industrial Design Act and Regulations do not prescribe publishing newly registered industrial designs in gazette form but do prescribe the keeping of the Register of Industrial Designs. Registered Industrial Designs are disseminated through a database via CIPO's website (cipo.ic.gc.ca/iddatabase). This database has been available to the public since November 2007 and now includes the entire collection of industrial designs registered in Canada since December 1861.

Announcements pertaining to Industrial Design Practice and Policy as well as other information about the Industrial Design Office are communicated via the Canadian Intellectual Property Office website at cipo.ic.gc.ca. When a new announcement is published, it is noted under the "What's New" section of the CIPO site and is also included under the link to Industrial Design.

"Design Plus" the automated processing system of the Industrial Design Office, includes pending and registered information regarding Industrial Design applications and registrations.
DesignPlus is the main internal tool for maintaining industrial design application and registration information. It is from this system that the database information is supplied.

Main types of announcements of the Office in the field of industrial design information

The "What's New" section of the CIPO website is the primary vehicle for making announcements of the Industrial Design Branch of CIPO. The following are highlights of messages announced in 2007:

· Coming soon to the Canadian Industrial Designs Database...
Stay tuned for news on the release of CIPO's updated Canadian Industrial Designs Database. We are currently working on the addition of the complete body of registrations prior to June 2002. We will keep you informed of the completion of the electronic back capture in the coming months so keep your eye on What's New on our website and on CIPO News Updates.

· More examiners hired in Industrial Design
With the recent addition of new examiners, the Industrial Design Branch (IDB) of CIPO now has a full complement of 12 industrial design examiners. The IDB continues its effort to reduce inventories and stabilize turnaround times as part of its ongoing commitment to improve client services.

· Regulatory Changes to IP Regulations
On May 16, 2007, amendments to the Patent Rules, the Trade-marks Regulations (1996), the Industrial Design Regulations, the Integrated Circuit Topography Regulations, and the Copyright Regulations were published in the Canada Gazette, Part II.

· Updated Correspondence Procedures
An update of Correspondence Procedures of the Canadian Intellectual Property Office (CIPO) is now available in the Canadian Patent Office Record (CPOR). These procedures are related to any official correspondence, paper or electronic, sent to CIPO and pertaining to Patents, Trade-Marks, Copyrights, Industrial Designs and Integrated Circuit Topographies. The Procedures reviews general information regarding correspondence, as well as recent changes in procedures resulting from new regulations that came into effect on June 2, 2007 . Ways of submitting correspondence to CIPO are summarized in the Procedures notice, including documents filed in electronic form in connection with patents and applications. In addition, a list of correspondence that can be sent in via CIPO's website for Copyrights, Industrial Designs, and Integrated Circuit Topographies are listed in the notice, as well as amended rules of correspondence regarding receipt of mail in the Integrated Circuit Topography Regulations . Read more about acceptable formats for electronic media, file formats and other pertinent details concerning correspondence procedures in the CPOR.

· Notice regarding changes to Industrial Designs E-Filing
Please note that there are minor changes to the electronic forms for filing an application and an assignment. The form previously entitled “Filing an Assignment or Licence” is now referred to as “Filing an Assignment or Other documents”. In addition, only image files with the extension ‘.TIFF' and ‘.JPG' can be attached to the application form and only image files with the extension ‘.TIFF' can be attached to the assignment form. There are also some minor changes to the fields in the form.

· Complete Collection of Canadian Industrial Design Registrations is Now Available!
Canadian registered industrial designs — from December 1861 to present day — are now accessible online. In December 2005, CIPO announced a new Canadian Industrial Designs Database that included 10 000 designs registered as of June 15, 2002. Since then, much effort has gone into the electronic back capture of all the designs prior to 2002 and now over 110 000 Canadian industrial designs can be accessed!

Mass storage media and microforms used

The archival of industrial design documents is done electronically in ‘DesignPlus’ as well as on paper, microfiche and CD-Roms.

Databases and office automation

Since the launch of ‘DesignPlus’ in June 2002, applications and requests have been entered, processed and stored electronically in the system. Registrations from 2002 to date are now available online via CIPO’s website. A complete database of Industrial Design registrations since inception (December 1861) is available on-line since November 2007.

URLs of web pages of the Office’s website that provide access to online industrial design gazettes and to other sources of industrial design information, including download of bulk industrial design data

http://strategis.ic.gc.ca/app/cipo/id/displaySearch.do?searchType=design&language=eng

III. Matters concerning classifying, reclassifying and indexing of industrial design information according to the classification systems applied

Classification and reclassification activities; Classification system used, e.g., International Classification for Industrial Designs (Locarno Classification), other classification (please indicate whether industrial designs are classified by your Office and, if so, which classification is used)

Industrial design documents are classified according to the Canadian Industrial Design Classification Standard.

In 2005, CIPO conducted the second important phase of the Industrial Design re-engineering initiative to address needed improvements to the classification process. Specifically, the Canadian Industrial Design Classification Standard is in need of updating and simplification. CIPO conducted an analysis of the Locarno Classification and a comparison study of other IPO classification standards. Recommendations from this initiative will identify the approach CIPO will take to improve the classification process.

Bibliographic data and processing

Designs are searchable by class and are organized according to the Canadian Industrial Design Classification Standard.

IV. Search file establishment and upkeep

File building

The Canadian industrial design prior art search file comprises approximately 100,000 registered designs.

All registered designs registered are stored electronically in ‘DesignPlus’. Access to these registered designs is available for public search via the CIPO’s web site.

The Industrial Design Division maintains a searchable record of registered industrial designs as follows:

- On-Line Electronic search file All designs registered in the ‘DesignPlus’ system, this search file includes the application as registered (owner name/address, title, description, agent and/or representative for service in Canada), drawings, and bibliographic data (filing date, priority date, registration date, classification). Registrations are searchable by registration number, title, agent name, owner name, and by class.

- Microfiche / CD-rom search file: For designs registered prior to June 2002, this search file includes microfiche and CD copies of the registration certificate, the application as registered, assignments and maintenance documents. It is maintained in numerical order by registration number.

- Paper correspondence file: This search file includes a complete file document history including prosecution and correspondence. These files are maintained in numerical order by application number.

- Index cards: For designs registered prior to June 2002, an alphabetical index card system arranged by owner, assignee and licensee is maintained as a means of obtaining the registration number of a particular design.

Updating

The Canadian industrial design prior art search file is updated on a daily basis.

Storage, including mass storage media

Industrial design documents are currently stored electronically in ‘DesignPlus’, as well as on paper, microfiche, and CD-Rom.

Documentation from other offices maintained and/or considered part of the available search file

CIPO maintains a collection of WIPO International Design Bulletins and United States patent gazettes.

V. Activities in the field of computerized search systems for industrial designs

In-house systems (online/offline)

In June 2002 the industrial design processes were automated with the implementation of DesignPlus. Today the system contains bibliographic design data dating back to 1861, including pending and registered designs. DesignPlus is used within the office to manage the overall industrial design process, including search, examination, assignments and maintenance. The system supports such specific office processes as preparing correspondence and updating information.

In July 2007 an electronic industrial design filing component was added to allow clients to file their applications electronically over the internet. For all client front-ends, the information is checked for completeness, the information is transferred to the Office via the Internet and the information is automatically loaded into Designplus.

In November 2007 a complete on-line database was launched on the CIPO website allowing clients to search all industrial design registrations dating back to 1861.

External databases

The design databases maintained by the United States Patent and Trademark Office and by IP Australia are accessible via the Web to industrial design searchers for search purposes.

Administrative management systems (e.g., register, legal status, statistics and administrative support)

The ‘DesignPlus’ system provides statistics for customized reports, file tracking (location of all paper and electronic application/registration files), and status information.

Equipment used (hardware, including the types of terminal and network used, and software), data carriers used

Pentium 3.2 Ghz computers and the Windows XP operating system are used. WordPerfect, Freelance Graphics, Lotus 123, MS Outlook, and Microsoft Word comprise the standard ID desktop software. Industrial design staff are connected via a Novell network. ‘DesignPlus’ was created using Oracle.

VI. Administration of industrial design information products and services available to the public (relating to facilities, e.g., for lodging applications, registering designs, assisting clients with search procedures, obtaining official publications and registry extracts)

Planning, administration, automation, security

The Industrial Design Division within the Copyright and Industrial Design Branch of CIPO manages the industrial design product line. The primary function is the granting of exclusive industrial design rights and the maintenance of the Canadian Register of Industrial Designs. The Division also provides certified documents for use in civil proceedings and criminal investigations, furnishes information to the public by making the registers accessible, answers detailed questions, distributes information materials, advises on appropriate legislative change, and manages new and revised regulations.

The industrial design search files are located in the Client Service Centre search room at CIPO Headquarters at 50 Victoria Street, Gatineau, Québec. K1A 0C9.

Collection management, preservation

The Industrial Design Division maintains a complete historical register in electronic form for designs registered since 1861, as well as on microfiche and CD-Rom. Archival material is disposed of in accordance with National Library and National Archives requirements.

Information services available to the public (including computerized services and search files contained in libraries remote from your Office and industrial design information posted by your Office on the World Wide Web)

The CIPO Internet website was first established in 1995, and has continued with major enhancements since 1999. These enhancements included the use of the website for major consultations on new intellectual property legislation, the posting of new industrial design regulations and office practice notices and the provision of electronic filing services.

The Guide to Industrial Designs and the Industrial Design Office Practices manual can be found under the Industrial Design link of the CIPO website.

The CIPO Client Service Centre provides general information to clients interested in applying for industrial design registration as well as assisting clients to perform searches in the prior art.

Industrial design examination staff are available to provide additional guidance and assistance to the public interested in searching the prior art.

URLs of web pages of the Office's website for electronic filing of industrial design applications

https://strategis.ic.gc.ca/sc_mrksv/cipo/id-filing/application/engdoc/id_filing_form-e.html#applyOnline

URLs of web pages of the Office’s website that provide information on business procedures such as: filing, publication, examination and registration procedures related to industrial designs; opposition and appeal procedures related to industrial designs; etc.

http://www.cipo.ic.gc.ca/epic/site/cipointernet-internetopic.nsf/en/h_wr00004e.html?OpenDocument

URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., industrial design search service(s) and industrial design databases), as well as information on how to access and utilize them

http://www.cipo.ic.gc.ca/epic/site/cipointernet-internetopic.nsf/en/h_wr00004e.html?OpenDocument

VII. Matters concerning mutual exchange of industrial design documentation and information

There is no mutual exchange of industrial design documentation and information at this time. However, information exchange with respect to classification issues and other matters of mutual interest continue to be exchanged with counterparts from the United States Patent and Trademark Office (USPTO).

Discussions are continuing with the USPTO with respect to the potential exchange of registered designs between Offices over the Internet.

VIII. Matters concerning education and training, including technical assistance to developing countries (please indicate URLs of web pages of the Office’s website wherever appropriate)

Promotional activities (seminars, exhibitions, visits, advertising, etc.)

The Information Branch of CIPO is responsible for coordinating and carrying out activities related to promoting the benefits of intellectual property and disseminating the associated technological and business information to Canadians. Like other product lines of CIPO, the Industrial Design Division provides input on publications (paper or web) destined for clients pertaining to industrial design.

Training courses for national and foreign participants

The Industrial Design Office provides information to visiting delegates from developing countries during the WIPO/CIPO Workshops hosted by CIPO every spring

IX.Other general information related to the Office that is available on the Internet -- URLs of web pages of the Office’s website that:

provide information on legislation related to industrial designs

http://laws.justice.gc.ca/en/showtdm/cs/I-9
http://laws.justice.gc.ca/en/showtdm/cr/SOR-99-460

contain the Annual Report of the Office

www.cipo.ic.gc.ca

X. Other relevant matters