Possible changes regarding designs
Information and data regarding holders and representatives of designs, such as residential address, company name, etc., can be changed during the term of protection or in the course of the application procedure.
You can also transfer or waive a design right.
You can submit these kinds of changes easily, securely, and conveniently online via our Online Filing System.
The name or address of the applicant or holder of the design may change (e.g., due to a company name change, marriage, or divorce) without the holder of the name (natural or legal person) changing, i.e., without the legal entity changing.
Name changes are subject to a fee and must be supported by relevant documents (extracts from the commercial register, marriage certificates, etc.). A request for this type of change costs €100,-.
Changes in representation are free of charge and do not require supporting documents.
Would you like to transfer a registered design to another person or company (change of legal entity)? Any party involved may submit the request for change – an informal letter is sufficient. A fee applies for each request – if multiple designs are involved, the fee is multiplied accordingly.
The documents you need depend on the reason for the transfer:
- Purchase, gift, or other legal transfer: submit either corresponding written statements from both parties (or their authorized representatives) – or a deed of transfer or purchase agreement that clearly shows both parties’ agreement regarding the transfer of rights. The signatures of the parties or their representatives do not need to be certified – submitting an uncertified copy of the aforementioned documents is sufficient
- Insolvency: for transfers in the course of insolvency proceedings, the document appointing the insolvency administrator must be submitted, and, if applicable, proof of the court’s approval of the transfer must also be provided
- Transfer of rights by other means (e.g., inheritance, merger, division, or conversion): in such cases, an original document must be submitted – such as a devolution certificate with confirmation of legal force or extracts from the commercial register or other relevant registers (usually including historical data) that demonstrate the legal succession. Domestic documents may be submitted as uncertified copies. Foreign documents require notarization or certification by a court, depending on the country of issuance – a copy is sufficient here as well.
The application costs €147,- per design concerned.
A complete or partial renunciation of a design right may only be requested by the registered holder of the design (or their representative).
The online application must either be signed electronically (eID card/mobile signature) or a corresponding confirmatory document with a handwritten signature must be uploaded. For companies, ensure that it is officially signed.
The (partial) renunciation is free of charge and irrevocable.
The recording (and subsequent cancellation) of a granted license or a contractually established lien on a design right may be requested by any party involved by means of an informal application.
The license agreement or the letter of lien must be submitted (a copy is sufficient). The signature of the licensor or the lien grantor must be notarized or certified by a court regarding its authenticity and – in the case of companies – also regarding the signatory’s (sole) authority to sign.
The recording or cancellation of a license or a lien costs €147,- per sample.
The recording of an enforceable lien is carried out via a court order and is free of charge in this case.
In ongoing proceedings or in relation to existing national design rights, responses to official correspondence may be submitted – either along with additional documents or simply on one’s own initiative, e.g., the withdrawal of an application or an opposition.
The pleadings and documents must be uploaded as PDF files in uncertified form. Summaries or explanatory notes may also be provided in a comment field.
If you haven’t found a suitable form for your request, select the “other” option in the drop-down menu to submit your request.
Supported file formats: pdf, jpeg, wav, mp3, and mp4.
However, any applicable fees will not be automatically charged in this case. You are required to pay them manually.
Corrections may be requested for obvious errors in official documents and any resulting inaccuracies, including typographical errors, errors in the preparation of official documents, and other oversights that are not the result of an official decision. The correction is free of charge.
Templates for requests for changes
We recommend submitting all changes through Online Filing. If you prefer to submit your request by mail, please send an email to info[at]patentamt.at, and we will provide you with an appropriate PDF template.