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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.

A design disclosed to the public before filing generally cannot be registered.

High complexity - significant legal consequences

  • Section 4(b) bars a design disclosed to the public anywhere, by publication, use or otherwise, before the filing or priority date.
  • A registration obtained despite prior publication can be cancelled (section 19).
  • Ask your attorney whether a priority claim from an earlier foreign filing helps, and consider protecting new variations before they are shown.

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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.