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The benefits of a Design Application
Design protection legally safeguards the appearance of an industrial product, i.e. those of its features discernible to the human eye. These features of the industrial product are its lines, outlines, colors, shape, surface structure and/or materials of the product itself an/or its decorative elements.
It is also possible to protect as a design screen icons, ornaments, fonts, screen displays and graphic user interfaces.
Design protection is an exclusive right which is temporally and teritorially limited (a monopoly of 25 years' duration at most). It entitles the holder to exclude third parties from producing the subject matter of the invention within the context of business and/or marketing or using the same.
Take existing design applications as an inspiration and search right here for designs already applied fpr and registered:
Please Note
Only those designs which are really new and possess dinstinctive character are legally enforceable. Applying for a design prior to presenting the same to the public is therefore strongly recommended. Under certain circumstances legal design protection remains eligible if the design was disclosed to the public within the year prior to the application (see § 2a of the Design Protection Law).
Who can file an application? Is a representative required?
The creator of the design or the person to whom entitlement was assigned by the creator prior the application and who is thus legal successor is entitled to design protection. In those cases however in which the design was created by the creator within the context of an employment relationship or contractual assignment it is the employer or contracting authority that is entitled to submit the design application.
| 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 authorised recipient in Austria is sufficient) |
| Outside the EEA/Switzerland | Yes (patent law firm, law firm or notary’s office) |
Advantages in comparison to Applications in Paper Form
- An on-line bonus of EUR 5.00 per application.
- Faster procedures due to digital transmission and input of data in the Austrian Patent Office's workflow.
- The DesignClass database assists i correct classification of product indication according to the International Classification for Industrial Designs under the Locarno Agreement for the necessary specification of those products for which you are seeking the design protection.
- Up to 10 images per design may be digitally uploaded as JPG (max. 4000 x 4000 Pixel). Only one of these however is published in the Design Gazette.
- On-line calculation of total fees for the application.
- Immediate on-line payment via credit card/bank transfer or later payment.
- Application confirmation indicates application number promptly after dispatch.
On-line Application Costs
The cost for a single design registration starts at EUR 107.50 (for each additional Locarno-class indicated, an extra EUR 15.50 will be charged).
For a multiple designs application, a base application fee of EUR 122.00 applies, plus EUR 30.00 in document fees for each included design. Starting from the 11th design, an additional fee of EUR 18.50 per design is charged. For example: a multiple design application comprising 2 designs costs EUR 182.00, 3 designs EUR 212.00, 4 desings EUR 242,00, an so on...)
Registering multiple designs together is more cost-effective than filing seperate single design applications: unit price in the case of 2 designs EUR 91.00; 3 desings EUR 70.66; 4 designs EUR 60.50; 5 designs EUR 54.40; 6 desings 50.30; 7 desings EUR 47.43; 8 designs EUR 45.25; 9 designs EUR 43.55; 10 designs: EUR 42.20.
A multiple design application (up to a maximum of 50 desings) is only possible if all designs are classified under the same Locarno main class. However, different subclasses within that main class are allowed.
For example: tapestries (main class 06, sub-class 12) and carpets (main class 06, sub-class 06).
Please Note!
Secret designs cannot be applied for on-line. Please use the requisite paper copy application forms.
Locarno Classification: Swhen applying you must specify for which industrial products you are seeking legal design protection. This also includes specification of the class and sub-class according to the Locarno Classifcation.
Further information regarding the Locarno Classification is obtainable here:
Technical System Requirements
Supported web browsers:
- Firefox (beginning with version 21)
- Chrome (beginning with version 20)
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The Design Online Application was developed in cooperation with the EUIPO and with the help and financial support of the European Cooperation Programme.
