| Step number | Step corresponding information |
| step 1 | Prepare your design application – You can protect the design, if it is new, by applying for a design right – Through design protection, the appearance (= characteristics perceived by the eye) of a commercial product is protected, but not the idea behind the product, invention, the production procedure or similar things.
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| step 2 | Fill in and file the application form MU 1e |
| step 3 | Send the form and as many as ten illustrations (you must send us two identical copies of your illustrations) to the Austrian Patent Office If you fax the application, the faxed illustrations must be placed at the bottom of the application. Sending better illustrations later is not permitted. You cannot submit applications by email or online at present. |
| step 4 | If you have neither a residence or a branch office in Austria, you must engage a representative living in Austria for the application process or be represented by a legal professional (patent attorney, attorney or notary). If you have residence in the EEC, it is suffient to name a person in Austria authorized to receive service on your behalf. |
| step 5 | We will send you a receipt for your application, the official file number and a demand of payment for the essential fees. If you have appointed a representative, the receipt will be sent to your representative. |
| step 6 | You have to pay the application fee. |
| step 7 | We will examine your application within two months of receipt to see if it meets the formal requirements and check also the substantive grounds for refusal of registration. Although we do not automatically search every application to determine if it is new or has individual character, we will object to registration if we have reasonable grounds to believe that the design is not new or that it lacks individual character compared to previous designs. |
| step 8 | Once the examination process is concluded the design is registered and published in the Austrian Designs Gazette. Duration of the process: an average of 3 months |
| step 9 | Special types of applications: – Collective application (up to 50 designs together, more economical) – Secret design application (if interested in keeping a design secret for as long as possible) More information: http://www.patentamt.at/Designschutz/Schutzrechte/ |
Defensive Actions
Nullity Action (declaration of invalidity)
General information
Who can file an application for declaration of invalidity of my design?
Anybody, who is of the opinion that your design should not have been registered (e.g. because of missing novelty, missing character) can file an application for declaration of invalidity.
Can I file an application for declaration of invalidity of someone else’s design?
Yes, upon existence of a certain ground for declaration of invalidity.
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?
An application for declaration of invalidity can be filed during the whole term of the design and even after its expiry/termination upon proof of a legal interest.
Signpost
What signposts exist?
Legal information service: 0043-1-53424-391;
http://www.patentamt.at/Designschutz/Schutzrechte/Muster_national/
Proactive Measures
Action for damages
Customs Seizure
General information
What does customs seizure mean?
Custom seizure constitutes an instrument to combat counterfeiting or product piracy by preventing import, export and transit of goods, which infringe an intellectual property right.
How to proceed
What initial steps are necessary?
To initialize proceedings, an application has to be filed at the Customs Competence Center in Villach.
Signpost
A colour icon describes the complexity of each question as follows:
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| Step | Fees (€) | Comments | |
| Standard Filling Fees | Single | 87 | |
| Collective | 147 | Muliple Application Fee :designs that fall within the same class of goods can be combined in a multiple application which is more economical | |
| Standard Additionnal class fees | 18.50 | for every class of goods regarding to a single application and 18,50€ for the 11th and any further design | |
| Year | Standard fees (€) | Reduced fees (€) | Comments |
| 5 | 130 | costs for renewal fee for single designs and reduced costs for multiple filing per design | |
| 10 | 130 | costs for renewal fee for single designs and reduced costs for multiple filing per design | |
| 15 | 130 | costs for renewal fee for single designs and reduced costs for multiple filing per design | |
| 20 | 130 | costs for renewal fee for single designs and reduced costs for multiple filing per design |
Your design is protected for 5 years. If you want to keep your registered design in force you must renew it every five years up to a maximum of 25 years.
The due date for renewal fees is determined by the application date of the design. Renewal fees are due each 5-year-term on the last day of the application month.
The fee may be paid 1 year before the payment is due or within six month from the due date – in the latter case together with surcharge of 20 % of the respective amount.
Example 1:
The application for the design was submitted on March 17, 2005. The first renewal fee is due on March 31, 2010, the second renewal fee is due on March 31, 2015 and so on.