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The benefits of a registered Design
A registered design 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 and/or its decorative elements.
It is also possible to protect screen icons, ornaments, fonts, screen displays and graphic user interfaces as registered designs.
A registered design is an exclusive right which is temporally and territorially limited (a monopoly of 25 years' duration at most). It entitles the holder to exclude third parties from commercially exploiting the registered design of a product within the context of business and/or marketing or using the same.
Take existing registered designs as an inspiration and search right here for designs that have already been applied for and/or registered in the past:
Please Note
Only designs that are really new and possess distinctive character can be registered designs and are legally enforceable. Applying for a design prior to presenting it to the public is therefore strongly recommended.
Under certain circumstances legal protection as a registered design remains eligible, if the design was disclosed to the public within one (1) year prior to the application date (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 to application and who is thus legal successor, is entitled to protection of a registered design. However, if the design was created by the creator in the context of an employment relationship or contractual assignment, it is the employer or contracting authority that is entitled to submit the design application to receive a registered design.
| 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) |
Advantages in comparison to Applications in Paper Form
- An online bonus of EUR 5.00 per application.
- Faster procedures due to digital processing and input of data in the Austrian Patent Office's workflow.
- The DesignClass database assists with correct classification of product indications, according to the “International Classification for Industrial Designs under the Locarno Agreement”. This is necessary for the specification of the products that you are seeking the protection of a registered design for.
- Up to 10 images per design may be digitally uploaded as JPG (max. 4000 x 4000 Pixels, min. 266x266 Pixels) in the application. Only one of these images is published in the Design Gazette.
- Online calculation of total fees for the application.
- Immediate online payment options via credit card or bank transfer, or option for later payment.
- Application confirmation indicates the application number of the case promptly after submission.
On-line Application Costs
The cost of a single registered design for one Locarno-class starts at EUR 107,50 (for each additional Locarno-class indicated, EUR 15.50 are charged).
A multiple registered design incurs an application fee of EUR 127.00 and a copying fee of EUR 30.00 for each design contained in the multiple registered design. An additional fee of EUR 18.50 per design is applied for the 11th and all subsequent designs each.
This means that the fees for a multiple design application comprising 2 designs amount to EUR 182,00, 3 designs EUR 212,00, 11 designs EUR 470,50.
The unit price per singular design is lower if you apply for a multiple registered design, instead of submitting several single design applications.
Some examples:
- unit price in the case of 2 designs: EUR 91,30;
- 3 designs: EUR 70,66;
- 4 designs: EUR 60,50;
- 5 designs: EUR 54,40;
- 6 designs: EUR 50,33;
- 7 designs: EUR 47,43;
- 8 designs: EUR 45,25;
- 9 designs: EUR 43,55;
- 10 designs: EUR 42,20.
Multiple design applications (including up to 50 designs) are only possible in those cases, where the product specifications used all belong to the same Locarno class for all designs. Different sub-classes are permitted.
For example, tapestries (class 06, sub-class 12) and carpets (class 06, sub-class 06) are acceptable.
Please Note!
Secret designs cannot be applied for online. Please use the relevant paper application forms.
Locarno Classification: When filing your application, you must specify for which industrial products you are seeking legal design protection of a registered design. This also includes specification of the class and sub-class according to the Locarno Classifcation.
Further information regarding the Locarno Classification can be found here:
Technical System Requirements
Supported web browsers:
- Firefox (beginning with version 90)
- Chrome (beginning with version 90)
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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.
