Industrial Design fees
Fees associated with filing industrial design applications in Austria, as well as other design fees, are available in the fee calculator.
Multiple industrial design application
Multiple class design applications are possible in Austria on the condition that all designs belong to the same class of the Locarno classification, and their number does not exceed 50 designs.
Filing requirements of an industrial design application in Austria
The official language of the Austrian patent office is German.
To obtain the filing date, it is necessary to submit:
- a request to register an industrial design, containing the name and full address of the applicant(s);
- a representation of the design;
- a description of the product according to the Locarno classification;
- Power of Attorney form.
It is not usually required to submit the Priority Document; however, it may be requested by the Patent Office.
A signed copy of the Power of Attorney is sufficient. It should be provided along with an application.
Analysis of an industrial design application in Austria
Industrial design applications in Austria undergo formal examination only.
Novelty grace period of industrial design application
If the disclosure of the information on the industrial design has been made by the author or his legal predecessor within 12 months before the filing or priority date, it shall not disprove the novelty of an industrial design.
Grant, validity term, and design renewal fees of design application
No official grant fee is required to be paid. The validity term of the patent for an industrial design in Austria constitutes five years as of the filing date. This term may be renewed four times up to a maximum of 25 years. A renewal application must be filed 12 months before the expiration date of the registration to avoid late payment fees. Late payment is possible within a six-month grace period if a corresponding surcharge is paid.
Duration of the registration procedure of design application
It takes approximately one month to get an industrial design registered.
Representation by an Austrian patent attorney
For applicants not residing in Austria, Switzerland, or the EEA (European Economic Area), it is necessary to perform industrial design registration through an agent, a registered Austrian patent attorney.
Notes
- Online Search Databases: Austrian Designs, Community Designs (EUIPO).
- Industrial design protection in Austria may also be obtained via registration of a Community Design.
If you have any queries related to the design patent registration in Austria, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.