Industrial design registration in Austria

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Industrial design registration in Austria

Registration of industrial designs in Austria – Every company that owns an industrial design and intends to expand its business in the Austria market should use the Austria intellectual property system. It is paramount for businesses to file an industrial design application in Austria for industrial designs, even if the launch of the respective product on the market in Austria has not yet commenced.

Requirements for Industrial Design Registration Application in Austria

An industrial design application in Austria requesting the right of priority must be filed within 6 months from the priority date.

The official language of the proceedings before the patent office is German.

The following information and documents need to be provided in the application for registration of an industrial design in Austria:

name, address, and nationality of the applicant, business address;
request for design registration;
description of the product according to the Locarno classification;
representation of a design.

Although it is not often necessary, the Patent Office can request for the Priority Document.

It is necessary to have a signed copy of the Power of Attorney. It should be included with the application.

Examination of an Industrial Design Application in Austria

Applications for industrial designs in Austria only go through a formal examination.

Validity period and renewal of industrial designs in Austria

It does not invalidate the novelty of an industrial design if the author or his legal predecessor disclosed any information about the design within a year of the filing or priority date.

There is no official grant fee that must be paid. Austrian industrial design patents have a five-year duration of validity beginning on the filing date. The term may be extended four more times, for a total of 25 years. To prevent late payment fines, a renewal application must be filed 12 months prior to the registration’s expiration date. If the necessary surcharge is paid, late payments are allowed during the grace period of six months.

Represented by an industrial design registration attorney

An international applicant for an industrial design registration in Austria should perform an industrial design search in Austria through a law firm, or an industrial design attorney.

You can find the list of Austria IP firms here.