• Design fees

Fees associated with filing industrial design applications in Austria, as well as other design fees, are available in the fee calculator.

• Multiple design application

Multiple class design applications are possible in Austria on the condition that all designs belong to the same class of the Locarno classification, and their number does not exceed 50 designs.

• Filing requirements of a design application in Austria

The official language of the Austrian patent office is German.

To obtain the filing date, it is necessary to submit:
- a request to register an industrial design, containing name and full address of the applicant(s);
- a representation of the design;
- a description of the product according to the Locarno classification;
- Power of Attorney form.

It is not usually required to submit the Priority Document; however, it may be requested by the Patent Office.

A signed copy of the Power of Attorney is sufficient. It should be provided along with an application.

• Examination of a design application in Austria

Industrial design applications in Austria undergo formal examination only.

• Novelty grace period

If the disclosure of the information on the industrial design has been made by the author or his legal predecessor within 12 months before the filing or priority date, it shall not disprove the novelty of an industrial design.

• Grant, validity term and design renewal fees

No official grant fee is required to be paid. The validity term of the patent for an industrial design in Austria constitutes five years as of the filing date. This term may be renewed four times up to a maximum of 25 years. An application for renewal must be filed 12 months before the expiration date of the registration to avoid late payment fees. Late payment is possible within a six-month grace period if a corresponding surcharge is paid.

• Duration of registration procedure

It takes approximately one month to get an industrial design registered.

• Representation by a patent attorney

For applicants not residing in Austria, Switzerland or the EEA (European Economic Area), it is necessary to perform industrial design registration through an agent, a registered Austrian patent attorney.

• Notes

1. Online Search Databases: Austrian Designs, Community Designs (EUIPO).
2. Industrial design protection in Austria may also be obtained via registration of a Community Design.

Brief summary is based on the information provided by PUCHBERGER & PARTNER PATENTANWÄLTE on 23.01.2024
Please contact us if the above information is not in conformity with Austrian IP Laws