Austria Design Protection: Filing Requirements, Formal Examination, and Renewal Timelines

Austria offers robust protection for industrial designs, focusing on the visual elements of products. This article outlines the critical aspects of filing, examination, and renewal of design registrations in Austria.

Authority: 

• Austrian Patent Office (ATPO), www.patentamt.at

Duration of Protection:

• Initially valid for 5 years, renewable up to four times (maximum protection of 25 years)

Filing Routes and Time Limits:

• Within 6 months from the earliest priority date. (Austria is not a member of the Hague Agreement. However, through the EUIPO’s Community Design System, Austrian applicants can indirectly access the Hague international design protection framework and extend protection to other member states.)

Required Documents:

• Représentations / Pictures
• Brief description
• Power of Attorney
• Priority document with German translation or DAS
• Statement of Ownership, Employment Statement, or Priority Assignment

All documents must be prepared in German, as required by the Austrian Patent Office (ATPO).

Process & Procedure: 

• Austrian design protection covers the appearance of industrial products, including features visible to the eye - such as color, shape, surface texture, and material. Both 2D and 3D objects are eligible, such as clothing, toys, furniture, fabrics, logos, or graphical symbols. The ATPO conducts only a formal examination; designs must be novel and distinctive.
• Application Forms:
  • Use Form MU 1e (for single design) , Form MU 1s and Form MUsBB (for multiple designs).
  • Each design must include at least one image, photograph, or drawing.
• Technical and Visual Requirements:
  • Images can be in color or black and white, but not both.
  • Drawings must not exceed A4 size; photos must not exceed 21 × 14.8 cm (A5).
  • Technical drawings are not accepted.
  • Up to 10 images per design are allowed.
  • Neutral background required.
  • Each color version must be filed as a separate application.
  • If submitting a 3D sample, a deposit fee of EUR 83 applies; samples must weigh ≤10 kg and measure ≤50 × 40 × 40 cm.
  • Applicants can file up to 50 designs within the same Locarno Class as a collective design. Subclasses may differ. For paper filings, MU 1s must be completed along with separate MUsBB sheets for each design, consecutively numbered. Each design may have different creators and priorities.
  • ATPO does not assess novelty, distinctiveness, prior rights, or technical functionality. The Office only checks for formalities and public order compliance.
  • Applicants may also request deferred publication.

Grant and Publication:

• Design registrations are granted on the 20th day of each month and published in the Austrian Design Gazette. Upon registration, the ATPO issues an official Design Certificate.
• Any person may file a cancellation request against a registered design. Appeals may be lodged with the Higher Regional Court of Vienna, and ultimately to the Supreme Court.

Grace Period for Novelty:

A design disclosed by its creator, predecessor, or legal successor within 12 months prior to filing retains its novelty under Austrian law.

Renewal and Maintenance Fees:

• No grant fee applies.
• Renewal is required every 5 years. Renewal must be filed within 12 months before expiry, calculated to the last day of the filing month. Late renewal allowed within 6 months after expiry, subject to a 20% surcharge. For multiple designs, renewal fees must be paid for each individual design.
  • Example: If a design is filed on March 17, 2005, the first renewal is due by March 31, 2010, and the second by March 31, 2015.

Granting Timeline:

• Approximately 1 month from filing.