COUNTRY : REPUBLIC OF AUSTRIA
CAPITAL : VIENNA
LANGUAGE : GERMAN
The IP office of Austria is known as Osterreichisches Patent Office. Protection to Design is provided at a three tier level in Austria:
MEMBER : EUROPEAN UNION COMMUNITY DESIGN "RCD & UCD", HAGUE CONVENTION FOR THE INTERNATIONAL DESIGN PROTECTION, BERNE CONVENTION, WIPO, PARIS CONVENTION, WTO - TRIPS
Protection to Design is provided at a three tier level in Austria:
1. NATIONAL REGISTRATION
Direct Filing with National Patent & Trademark office
Kindly refer Treaties for the Community Design Registration.
Kindly refer Treaties for International Design Registration under Hague System.
Following can file Design Applications:
a). Author of the Design
b). Employer of the author if Design made during course of employment
c). Person contracting the author to make the design
d). Person to whom the author has assigned the design in writing.
2 or more persons owning interests in the design must apply jointly.
• Copy of the drawings;( six views such as front, rear, left side, right side, top plan and bottom plan views. And additional drawings such as perspective and cross-sectional views also may be submitted) - photographs in jpg format
• The full name and address of each creator;
• The full name and address of each applicant;
• The name of article to which the design is applied;
• The filing date, application number and country of the priority application; and
• The priority document
• Statement of Novelty in respect of the articles to which industrial design is applied to. However, not required while registering wallpaper, lace or textile articles.
• Full payment of fees.
Statement of Novelty: Novelty refers to originality, something new or unusual. In this context, if the Patent Office so deems necessary, may direct the applicant to endorse the application and the representations with a brief statement of novelty that he claims over the designs so submitted for registration.
Prior Disclosure destroys novelty of the Design so extreme care has to be taken to maintain secrecy of the Design. However, in Austria, applicant can file the application within 12 months after disclosure which will still retain novelty.
An ordinary application does not claim priority.
To come under the scope of registration, a Design should:
i. Be new and / or original
ii. Not have been disclosed to the public anywhere by publication in tangible form or by use in any other way prior to the filing date or where applicable, the priority date of the application for registration to which a 12 month exception is provided.
iii. Be significantly distinguishable from known designs or combination of known designs.
iv. Not contain scandalous or obscene matter, or be contrary to public order or morality.
v. Not be a mere mechanical contrivance.
vi. Be applicable to an article, should appeal to the eye.
Original here means, originating from the author of such a design and includes those cases which though old in themselves , are new in their application as well.
Aspects of Designs registrable:
• 2 Dimensional, 3 Dimensional, general appearance of a design.
• Contours, Colours, Shapes and Textures
• Material out of which the design is made
• Decoration of the design
• Packaging, Graphic Symbols, Typographic Typefaces
Categories of Designs registrable:
- Graphic symbols
• A drawing or a model contrary to public order or morality.
• A drawing or a model that relates to a computer program.
• A drawing or a model whose characteristics are solely dictated by technical function of the product to which it relates.
• A product that needs to be combined with another product, so that each can perform its function.
• Designs which have been disclosed to the public anywhere in the world by publication in a tangible form or by use or in any other way prior to the filing date. However, a 12 months exception is given to this rule.
• Designs disclosed in the European Economic Area.
• Designs which are not significantly distinguishable from known designs or combination of known designs or
• Comprises or contains scandalous or obscene matter.
i. Finding out whether such a design has been registered previously.
ii. Preparing a representation of the design
iii. Identifying the class of design.
iv. Providing a statement of novelty.
v. Including a disclaimer that the design has not been in the public domain at any point in time.
vi. Claiming a priority date if the design Is registered in other countries.
vii. Determining the fee to be paid.
viii. Ensuring all enclosures are attached.
ix. Complying with objections if any.
x. Providing full details pertaining to contacts and addresses.
Several designs may be combined in one multiple application as long as the products belong to the same class.
Upon receipt of the design application, it is numbered and dated and is given a formalities examination. Any defects to be remedied by the applicant within stipulated time.
Substantive examination is not carried out.
WHY PROTECT DESIGNS IN AUSTRIA? Patent law deals in ‘behind the scenes’ aspects of a company or organization as it deals with inventions that are not easily accessible by the general public. Designs along with Trademarks on the other hand, are the ‘visual medium’ which aid in brand projection, recognition, association and retention by existing and potential customers. To prevent rivals from copying industrial designs, it is therefore an important and strategic aspect in the protection of intellectual property rights. Therefore, as with all IP, it is better to begin protection of designs at the earliest before disclosure with the general public.
BENEFITS OF INDUSTRIAL DESIGN REGISTRATION IN AUSTRIA: Certain countries that follow cumulative protection of Industrial Designs by Copyright as well as Design laws have the ‘Unity of Art’ principle that needs to be followed meaning, entitlement to copyright for applied and other art work shall be determined through the same criteria.
In today’s highly impulse driven and temperament market, industrial designs provide the requisite edge to push products into consumers’ psyche. Such is he craving for fashionable and well crafted products that looks can often be equally or more important that the products’ functionality itself.
Registration of Industrial Design Rights becomes a valuable asset which gives the following benefits:
• A substantial return on interest (ROI) as the popularity of the product is directly proportional to its reproduction and counterfeiting thus enabling swift legal action in preventing copycats and frauds thereby ensuring that the design is not diluted.
• Infringement of designs can help owners obtain damages and recover costs for the same.
• Registration of designs can help owners work on bettering their designs through Research and Development (R&D) on bringing out superior industrial designs thus making it harder to knock off or scale up manufacturing by infringers in order to copy the original designs.
• Registered designs can be sold, licensed, franchised which can all earn royalty. The same can also be used as a collateral to secure loans.
• Industrial Designs complement even strengthen Trademarks hence making brand attention, brand association and retention, brand recall and usage much easier and interesting.
AUSTRIAN DESIGN FEE SCHEDULE
EXPENSE - EURO
Filing an application in one class
For each further class
Payment of printing fee
Filing a collective design application comprising up to two designs
Each further design in the same application,
From the 3rd to the 10th each
From 11th each
Payment of the printing fee for each design
Additional charge for secret deposit
50% of each application + 50.00
Claiming convention priority
For each additional priority
Request for converting a national patent application into utility model application in Austria
Naming the author (together with the application)
For each further author
Renewal of a single design
Renewal of a collective design, basic fee
Per design additionally
Other services on request
To order a quotation regarding expenses and the fee schedule for
• European Union Community Design or