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Patent Filing in Austria

Patent Filing in Austria

Fees For Patent in Austria


Fees associated with filing patent applications in Austria as well as other patent charges are available in the fee calculator.

Term for filing an Austrian patent application


The term for filing a patent application in Austria claiming conventional priority is 12 months from the priority date. This deadline may be restored in specific cases within two months after its expiration.

Patent Filing Requirements in Austria


The official language of an Austrian patent application is German, but it may be filed in English or French as well. The Austrian patent office will search and submit a search report for applications filed in German, English, or French. However, the German translation must be submitted within two months upon receipt of an official invitation.
To obtain the date of filing, it is necessary to submit:

  • a request to grant a patent, containing a name and full address of the applicant(s);
  • the patent specification in English, French or German;
  • Power of Attorney form.
    It is not usually required to furnish the Priority Document; however, it may be requested by the Patent Office.
    A signed copy of the Power of Attorney is sufficient. It should be provided along with the application.

Analysis of a patent application in Austria


Patent applications are subject to formal and substantive examination. Substantive examination of an Austrian patent application is conducted automatically without any specific request.

Novelty grace period of invention


If the disclosure of the information on the invention has been made up to six months before the filing date either as a consequence of an evident abuse to the prejudice of the applicant or his legal predecessor or as a consequence of the applicant or his legal predecessor has displayed the invention at an official or officially recognized exhibition, it will not disprove the novelty of the invention.

Grant, validity term, and maintenance fees of patent application


Official fees for granting and publication should be paid within 2 months from the date when the Notice of Allowance was issued. Patents in Austria are in force for twenty years from the filing date. Annual fees are due each year starting from the 6th one and should be paid after the patent is granted before the expiry of the last day of the month in which the anniversary of the filing date occurs. Late payment is possible within a six-month grace period by paying a corresponding surcharge.

Duration of the patent registration procedure in Austria


In the case that the prosecution process goes smoothly, it takes an average of 2 years from filing to grant.

Utility Model in Austria


Inventions may also be protected as Utility Models in Austria, which are subject to formal examination only. Plant and animal varieties are not protectable. The approximate time for a utility model registration in Austria is 8-12 months. However, if an expedited registration is requested, registration takes place within 3-4 months. The maximum protection period of a utility model in Austria is ten years from the date of filing.

Representation by an Austrian patent attorney


For applicants not residing in Austria, Switzerland, or the EEA (European Economic Area), it is necessary to perform patent prosecution through an agent, a registered Austrian patent attorney.

Notes

  1. Online Search Databases: Austrian Patents and Utility Models, European Patents (EPO).
  2. Patent protection may also be obtained in Austria via registration of the European patent and its further validation in Austria.

If you have any queries related to the Patent Filing in Austria, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.

If you wish to request a quote for Austria, please fill the below form:

Patent Registration

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