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Austria - Register Industrial Design

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Procedure[edit]

  1. To register an industrial design, the first step will be you obtaining information through fact sheet MU 402 (check link under 'Documents To Use') about the International Classification for Industrial Designs and the classes of goods the products you seek legal protection for pertain to. Simply specifying a class does not suffice, however. You must describe your products.
  2. To formally start your application, you will need to complete and submit form MU 1e (Single Design) or MU 1s as well as MUsBB (Multiple Design). Keep in mind that your application must include at least one image of the design (photographs or drawings in duplicate form). The exception to this is secret design applications.
  3. You may submit your application in person at the Austrian Patent Office’s. You may also submit it by posting the application via the Austrian Patent Office’s entry box, by mail or by fax. Note: Applications by means of E-mail are not permissible.
  4. After submission, your application is formally examined. Should there be any defects in this respect you will be requested – in writing – to rectify these. The Office will reject your application if your design contradicts the principle of public order or morality (legal examination).
  5. Design registration in each case takes place on the 20th of the respective month. The Austrian Design Gazette publishes the registration, the registration is entered in the register and a sample certificate issued.
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Required Documents[edit]

  • Completed application form: MU 1e (Single Design) or MU 1s as well as MUsBB (Multiple Design).
  • At least one image of the design (photographs or drawings in duplicate form)

Office Locations & Contacts[edit]

Austrian Patent Office

Customer Service Center
Dresdner Straße 87, Erdgeschoß
1200 Wien

Phone +43 1 534 24
Fax +43 1 534 24 - 535

info(at)patentamt.at

Website


Office hours:

Phone:
General information, Mo-Thu 8-16 h, Fr 8-14 h
Legal information, Mo-Fr 9-12 h
Technical information, Call back service

On site:
General information, Applications Mo-Thu 8-15 h, Fr 8-14 h
Legal information, Mo-Fr 9-12 h
Technical information, Mo-Fr 9-12 h

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Eligibility[edit]

Anyone may file an application to register an industrial design, regardless of whether they are an individual person or legal entity (company).


Legal representation:

  • 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)

Fees[edit]

Explain the fees structure which is required for obtaining the certificate/document.

Validity[edit]

The maximum duration of a design beginning with the date of application is 25 years. The registration expires upon failure to pay renewal fees, you renounce the protective right, or there is a declaration of nullity respecting the design.

Documents to Use[edit]

Application Forms

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Sample Documents[edit]

Please attach sample completed documents that would help other people.

Processing Time[edit]

Please explain processing time taken in obtaining the document/certificate.

Related Videos[edit]

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites. 	
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

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Instructions[edit]

Please provide other instructions related to the certificate/documents.
e.g. The state office holds birth records since january 1908.

Required Information[edit]

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.
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Need for the Document[edit]

Please provide the need for the procedure. e.g. Birth Certificate - why do we need to have a birth certificate? 
 

Information which might help[edit]

Design Right Protection

A design that is properly registered with the Austrian Patent Office is granted an exclusive right to the design. The right protects the appearance of an industrial product. However the right does not cover the idea or invention upon which the product is based, a product’s production method or the like. Design protection encompasses all features that are visible to the human eye such as shape, color, gloss, surface structure, ornamentation etc.


Design Infringement

Infringement of your design entitles you to sue for an injunction, removal, publication of the judgement, reasonable compensation, damages, disgorgement of profit, rendering of accounts as well as disclosure of origin of source and channels of commerce.

Other uses of the Document/Certificate[edit]

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links[edit]

Austrian Patent Office

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Others[edit]

More information which might help people.