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What is a design?
The decision of consumers to purchase is very often influenced by a product’s appearance, its design. If the design is new, you may apply for a registered design to obtain legal protection for the appearance of your products. Holding such a right allows you to protect yourself legally against imitators.
A registered design protects the outward appearance of an industrial product. Design protection covers all features that are visible to the human eye such as shape, color, gloss, surface structure, ornamentation etc.
However, a registered design does not protect the idea or invention on which the product is based, nor the underlying manufacturing process.
When filing an application for a registered design, you must indicate the products for which protection is sought. The database DesignClass, also integrated into the eFiling system, which relates to the International Classification for Industrial Designs and the relevant classes of goods, provides guidance on how to correctly and precisely specify the exact product to be protected. Merely indicating a class number is not sufficient; please ensure that the product is described in detail.
Please note the distinction between registered designs and utility models. Like patents, utility models protect inventions in the technical field, whereas registered designs serve to protect the appearance of an industrial product.
Application Formal Requirements
In order to facilitate compliance with the formal requirements of your application, please ensure that you use forms MU 1e (Single Design) or MU 1s, as well as MUsBB (Multiple Design), when submitting your application on paper.
Please note that your application must include at least one image of the design — either photographs or drawings, submitted in duplicate.
In this regard, we recommend filing your application online, as this not only accelerates the examination process but also provides step-by-step guidance throughout the application procedure.
Who may apply – Legal Representation?
Anyone may file an application, regardless of whether they are a natural or a legal entity (company).
| Permanent address/registered office | Is a representative required? |
| Austria | No (You are, however, entitled to have a representative. If the representative you choose is not a professional representative such as a patent law firm, law firm or notary’s office, you must present a written power of attorney.) |
| EEA/Switzerland | No (an authorized recipient in Austria is sufficient) |
| Outside the EEA/Switzerland | Yes (patent law firm, law firm or notary’s office) |
This is how you can apply:
- Online
- Submission at the Austrian Patent Office’s “service and reception” department
- Sending the application via postal services in the physical mail
Submissions of design applications via e-mail cannot be accepted by the Austrian Patent Office and cannot be processed.
Examination/Procedure
Following the submission of your design application, it will undergo an examination to determine whether all formal requirements have been met (formal examination).
If any formal deficiencies are identified, you will receive a written request to remedy them.
Subsequently, a substantive examination will be conducted to assess whether the design violates public order or morality. Should such a violation be established, the application must be refused.
Publication/Registration
Design registrations become effective on the 20th day of each calendar month. Following this, the registrations are published in the Austrian Design Gazette, recorded in the Austrian Design Register, and a certificate of the registration is issued to the applicant.
Duration of Protection/Contestation
The maximum duration of a registered design is 25 years, starting on the day the application is filed.
A registered design may expire before reaching its maximum duration due to one of the following reasons:
- failure to pay the renewal fees,
- a declaration of renunciation by the right holder, or
- a declaration of invalidity by the Cancelation department (Third parties may file an application for invalidity if they consider that the design should not have been registered).
Design Infringement
In the event of an infringement of your registered design, you may pursue legal remedies including an injunction, elimination of the infringing condition, publication of the judgment, appropriate compensation, damages, surrender of unlawfully obtained profits, an accounting of profits, and disclosure of the origin and commercial distribution channels.
