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Design: can I register the look of my product?

Design registration protects how a product looks, not how it works. It must be new, and it is lost if you show or sell the design before filing.

The design may be registrable - file before you show or sell it.

Moderate complexity - several routes or missing facts

  • It must be new or original, not previously disclosed anywhere, and significantly distinguishable from known designs (section 4).
  • A design is registered in one class (section 5(3)) and is registered as of the application date (section 5(6)).
  • Protection lasts ten years from registration, extendable once by five years (section 11).
  • Mark products as registered: without marking, damages for infringement may be limited (section 15(1)(b)).
  • Copying for sale is piracy (section 22). Anyone interested can petition to cancel a registration on grounds such as prior publication (section 19).
  • If a registrable design is not registered, any copyright in it ends once the article has been reproduced more than fifty times by an industrial process (Copyright Act, section 15(2)).

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Not sure whether this applies to your invention?

The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.