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:
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).
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)|
The cost of a single design starts at EUR 97.50 (for each additional Locarno-class indicated EUR 15.00 fall due).
Multiple designs entail an application fee of EUR 122.00 and for each design contained in the multiple design a copying fee of EUR 20.00. An additional fee of EUR 18.50 per design is imposed on the 11th and each subsequent design. This means that the fees for a multiple design application comprising 2 designs amount to EUR 162.00, 3 designs EUR 182.00, 11 designs EUR 360.50.
The unit price per design is thus lower if you apply by means of a multiple design application instead of submitting several single design applications.
Some instances of this: unit price in the case of 2 designs: EUR 81.00; 3 desings: EUR 61.00; 4 designs: EUR 50.50; 5 designs: EUR 44.40; 6 desings: 40.10; 7 desings: EUR 37.50; 8 designs: EUR 35.25; 9 designs: EUR 33.60; 10 designs: EUR 32.20.
Multiple designs applications (comprising up to 50 desings) are only possible in those cases in which product indications from the same Locarno class are cited for all designs. Different sub-classes are possible.
Thus, permissible for instance are tapestries (class 06, sub-class 12) and carpets (class 06, sub-class 06).
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:
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Application developed as a European cooperation project with the support of EUIPO.
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