Each product carries the enthusiasm and creativity of the designer. Registering an industrial design in Austria is a way to honor and protect those values. When you apply for protection, you are asserting that your design is unique and cannot be confused with any other product. This will not only help you build a strong brand, but it will also create a sustainable competitive advantage in the market. By protecting your design, you are contributing to the protection of the diversity and richness of the market, while encouraging continuous creativity. However, many people do not know how to apply for industrial design registration in Austria, Viet An Law would like to guide customers through the following article.
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The design protection legally protects the appearance of an industrial product. Appearance includes the characteristics of the product that are perceptible to the human eye such as color, shape, surface structure, and material. Both holographic as well as two-dimensional objects can be legally protected in the form of designs, e.g. clothing, toys, furniture, fabrics, logos or graphic symbols.
However, the design does not protect the idea or invention that underlies the product, its manufacturing method, or the like. The design also does not legally protect the function of an object. Components that are not noticeable when used as intended (e.g. spark plugs) therefore cannot be protected as a design. Also, there is no style protection for computer programs, but this type of protection applies to website layouts, for example. A design constitutes an exclusive right with a limited and limited territory (a monopoly of up to 25 years) and allows the holder of the exclusive right to prevent others from producing, marketing, and selling or using the same product industrially.
Anyone can apply, regardless of whether they are an individual or a legal entity (company).
Permanent residence address or head office address of the applicant | Do I need a representative? |
In Austria | No (However, you have the right to have a representative. If the representative you choose is not a professional representative such as a patent law firm, law firm, or notary office, you must include a written power of attorney.) |
Within EEA/Switzerland | No (only one authorized person is required in Austria) |
Outside EEA/Switzerland | Yes (patent law firm, law firm, or notary office) |
You can download the application form via the following link: https://www.patentamt.at/en/forms-1
Methods of filing an application for registration of an industrial design in Austria
Benefits of Filing an Online Industrial Design Application
If you need to support the procedure for registering an industrial design, please contact Viet An Law for the fastest guidance!
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