Design: basics
A design protects the appearance of an entire product or a part thereof, which is derived in particular from the characteristics of the lines, contours, colors, shape, surface texture, and/or materials of the product itself and/or its ornamentation. Both three-dimensional and two-dimensional products can be protected: e.g., clothing, furniture, toys, fabrics, logos, or graphic symbols. For more information, please see Information Sheet MU402 (available in German only).
The design grants you an exclusive right limited by territory and time (monopoly). Design protection lasts up to 25 years: Others may not manufacture, place on the market, sell, or use the registered design without your permission.
A design protects only the external appearance – not the underlying idea, the manufacturing process, or the function of an object. Therefore, the following are not eligible for protection:
- components that are not visible when used as intended (e.g., spark plugs)
- computer programs – however, design protection is possible for the external appearance of website layouts
- features of a product that are determined solely by its technical function
Designs that violate public order or morality are also not eligible for protection. A design must not be grossly offensive or, for example, glorify criminal acts.
Designs are classified according to the Locarno Classification – an international system that divides products into 32 classes and numerous subclasses. When filing a design application, you have to specify which class your product belongs to. The classification helps you search for similar designs.
An individual design application allows a product to be protected in a single design. A multiple design application enables up to 50 designs to be filed together, provided they belong to the same product class under the Locarno Classification. This type of application is useful when, for example, products are to be protected in different color variations.
The application costs depend on whether you are filing for an individual or a multiple design.
An individual design currently costs €107.50 (for online applications, including the filing fee and one Locarno class). Each additional class costs €15.50.
For a multiple design, the application fee is currently €152 (for online applications, including publication fees and the first design). Starting from the eleventh design, an additional fee of €18.50 per design applies. The unit price per design decreases as the number increases – up to 50 designs are possible.
To maintain protection, renewal fees are due every five years. You can find an overview of all fees here.
Please note
Complaints often arise due to incorrect illustrations. Please make sure to follow the guidelines carefully:
Illustrations must clearly show the design without any additional elements (e.g., borders or dimensions). Additional elements that are not part of the design, such as explanations, numbers, or arrows, should not be included.
If the design is in color, the color must be identical in every representation. Important: If an item is to be protected in multiple color variations, a separate application is required for each color (= multiple design).
The design must be depicted on a neutral background.
Further information on the illustrations can be found on the EUIPO website.
National design: Here’s how it works
You can file a design application in several ways:
- digitally via our online application
- submission at the Customer Center of the Austrian Patent Office
- submission by mail
Applications via e-mail are not accepted.
The easiest and fastest way is to use the online application – it guides you through all the steps.
A design application must include at least the following:
- at least one illustration (photo or drawing) – up to ten illustrations are possible
- specification of the Locarno class of your product
- for a multiple design application: the supplementary sheet for the multiple designs
Illustrations should show the design without any additional elements (no borders, numbers, or dimensions) on a neutral background. If the design is in color, the color must be the same in every representation. If a product is to be protected in multiple color variations, a multiple design application may be advisable.
Anyone who has neither a residence (registered office) nor a branch in Austria must appoint a representative residing in Austria or a person authorized to represent parties professionally in Austria (attorney-at-law, patent attorney, notary) for the application procedure. If the domicile or branch is located in the European Economic Area or in Switzerland, it is sufficient to appoint an agent for service of process residing in Austria.
After submission, your application will first undergo a formal review. If there are deficiencies, you will be requested in writing to remedy them. If the design violates public order or morality, the application will be rejected.
A substantive examination – such as whether the design is actually new or has individual character – does not take place during the application process. However, the eligibility for protection may be challenged by third parties at a later date (application for invalidation).
If an official deadline is extendable, an extension may be requested.
In the application process, a request for further processing may be filed after a trademark application has been rejected due to a missed deadline. The request must be filed within two months of the notice of rejection being served, the omitted action must be completed, and the fee for further processing must be paid. No justification is required. The fee for such a request is €156.
Anyone who misses a deadline due to an unforeseen or unavoidable event and suffers a legal disadvantage as a direct result may apply for reinstatement of the deadline. This may be done within two months after the obstacle ceases to exist, but no later than twelve months after the deadline has expired. As a justification, the circumstances that prevented meeting the deadline must be stated and proven accordingly. At the same time as the request is filed, the action that should have been taken within the missed deadline must be completed.
An application for reinstatement costs €288.
Design registration takes place on the 20th of each month. The registration is published in the Design Gazette. At the same time, you will receive a design certificate. Upon registration, you officially become the owner of the design right.
The term of protection is initially five years from the filing date and can be renewed in five-year increments for up to 25 years. The design right expires prematurely if you fail to pay the renewal fees, renounce the right, or the design is declared invalid.
Forms as PDFs
We recommend submitting your application through Online Filing. If you prefer to file by mail, please send an email to info[at]patentamt.at, and we will provide you with the appropriate PDF form.
Do you want to protect your design outside Austria as well?
All information on international design protection via EUIPO and WIPO: How to protect your design throughout the EU or internationally.