HomeIP-GuideAustria General informationInvention (Paris Convention) Austria
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Patent in Austria (non-PCT)

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  • Patent fees

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

  • The term for filing patent application in Austria

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.

  • Minimum filing requirements in Austria

    - Request to grant a patent, containing a name and full address of the applicant(s);
    - a patent specification in English,  French or German;
    - POA form.

  • Language of the Austrian patent application

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

  • Priority document

It is not usually required to submit the priority document; however, it may be requested by the Patent Office.

  • Power of Attorney requirements

A signed copy of the POA is sufficient. It should be provided along with the application.

  • Novelty grace period

If the disclosure of the information on the invention has been made up to six months before the filing date either in consequence of an evident abuse to the prejudice of the applicant or his legal predecessor, or in consequence of the fact that 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.

  • Substantive examination request

Substantive examination of an Austrian patent application is conducted automatically without any specific request.

  • Grant, validity term and maintenance fees

Official fees for granting and publication should be paid within 2 months from the date when 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.

  • Representation by a patent attorney

For foreign applicants, it is necessary to perform the patent prosecution in Austria 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.
3. Inventions may also be protected as Utility Models in Austria, which are subject to formal examination only. Plant varieties or animal races are not protectable. The time frame for a utility model registration in Austria may take 8-12 months. However, if an expedited registration is requested, registration takes place within 3-4 months. Maximum protection period of a utility model in Austria is ten years from the date of filing.

Brief summary is based on the information provided by PUCHBERGER & PARTNER PATENTANWÄLTE on 11.01.2019
Please contact us if the above information contains any discrepancies with Austrian IP Laws