Guide for Austrian Patent Application Process

Austria Profile

Austria, officially known as the Republic of Austria, is a federal republic and a landlocked country in Central Europe with a population of approximately 8.47 million. It is bordered by the Czech Republic and Germany to the north, Hungary and Slovakia to the east, Slovenia and Italy to the south, and Switzerland and Read more

Austria Profile

Austrian Intellectual Property Legal System

"Patent Law"
"Utility Model Law"
"Trademark Protection Law"
"Designs Act"

International Organization/Agreement

Beijing Treaty on Audiovisual Performances
Nairobi Treaty for the Protection of the Olympic Emblem
Patent Law Treaty
Singapore Treaty on the Law of Trademarks
Trademark Law Treaty
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Locarno Agreement Establishing an International Classification for Industrial Designs
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms
Brussels Convention on the Sending of Program Signals for Satellite Transmissions
Patent Cooperation Treaty
The Strasbourg Agreement on the International Patent Classification
"Convention Establishing the World Intellectual Property Organization"
Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
Nice Agreement on the International Classification of Goods and Services for the Purposes of the Registration of Marks
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement on the International Registration of Marks
Paris Convention for the Protection of Industrial Property

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Filing Language

German

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian patent search for inventions: National Patents Search (patentamt.at)

The Austrian patent application numbering method is:
- 【3-digit serial number】+【/】+【4-digit year】
Austrian document numbers and terms are:
- A file public
  A1 Oesterreichische Patentanmeldung (patent application with search report)
  A2 Oesterreichische Patentanmeldung (patent application without search report)
  A3 Oesterreichische Patentanmeldung (Search Report)
  A4 Oesterreichische Patentanmeldung (application after granted)
  A9 KorrigiertePatentanmeldungen (Modified full specification)
  B/B1 Patentschrift (authorized patent)
  T Translation of European patent applications

Document Requirements

Filing Language: German

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and German Translation
Viability Statement of Microorganism and German Translation
Power of Attorney
Scanned Copy of Certified Priority Document / DAS
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and German Translation
Viability Statement of Microorganism and German Translation
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer

Term of Protection

20 years. Patented medicines and plant protection new varieties can obtain an additional 5-year renewal period, and children's medicines can obtain an additional half-year patent protection period.

Due Date

via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 30 months from the earliest priority date.
Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.

Application Process Flow

ATPO conducts formality examination and substantive examination of invention patents. The search report will be published together with the patent application within 18 months from the filing date, and the substantive examination will start automatically, and the applicant does not need to file a separate request for substantive examination. It can be granted if requirements are met.

Novelty Grace Period

A novelty grace period of 6 months prior to the filing date/priority date may be granted if the invention is disclosed as a result of apparent misuse by the applicant or its former right holders, or if the invention is exhibited at an official or officially recognized exhibition.

Grant Average time

2 years

Grant and Annuity

Grant Fee: None
Annuity: The annuity will be paid year by year from the 6th year from the filing date after granted and should be paid within 3 months before the filing of each year. If overdue, the payment can be postponed within a grace period of 6 months, but a penalty of 20% is required. There is no penalty for the first three months of the late payment period for the first annual fee (i.e. the sixth year).

Restoration of Priority

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

DAS

Yes

Conversion

Yes. Before the patent is granted/rejected, the patent type can be converted only once from Invention to Utility Model at the request of the applicant.

实用新型申请流程 Utility Model

Name of Patent Office

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian Utility Model Patent Search: National Patents Search (patentamt.at)

The Austrian patent application numbering method is:
- 【3-digit serial number】+【/】+【4-digit year】
Austrian document numbers and terms are:
- A file public
  A1 Oesterreichische Patentanmeldung (patent application with search report)
  A2 Oesterreichische Patentanmeldung (patent application without search report)
  A3 Oesterreichische Patentanmeldung (Search Report)
  A4 Oesterreichische Patentanmeldung (application after granted)
  A9 KorrigiertePatentanmeldungen (Modified full specification)
  B/B1 Patentschrift (authorized patent)
  T Translation of European patent applications

Document Requirements

Filing Language: German

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Power of Attorney
Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Power of Attorney
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer

Term of Protection

10 years

Due date

via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 30 months from the earliest priority date.
Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.

Application Process Flow

ATPO conducts only formality examination for utility model patent applications. Although ATPO conducts searches for utility model applications, the search results do not affect the grant results. The applicant may amend the patent application after receiving the search report.

Novelty Grace Period

Grant and Annuity

Grant Fee: None
Annuity: Annuity should be paid year by year from the 4th year from the filing date of and should be paid within 3 months before the filing date of each year. If overdue, the payment can be postponed within a grace period of 6 months, but a penalty of 20% is required. The first time of annual fee (the 4th year) can be paid within 6 months of the late payment period without paying the penalty. Annuity can also be paid every three years in the 4-6 year, and in the 7-10 year.

Grant Average time

11 months. If applicant file an expedited request, the application can be granted in about 3-4 months.

Restoration of Priority

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

Conversion

Yes. Prior to patent grant/rejection, the patent type can be converted once from Utility Model to Invention at the request of the applicant.

DAS

Yes

外观设计申请流程 Design

Name of Patent Office

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian Design Patent Search: National Patents Search (patentamt.at)

The Austrian patent application numbering method is:
- 【3-digit serial number】+【/】+【4-digit year】
Austrian document numbers and terms are:
- A file public
  A1 Oesterreichische Patentanmeldung (patent application with search report)
  A2 Oesterreichische Patentanmeldung (patent application without search report)
  A3 Oesterreichische Patentanmeldung (Search Report)
  A4 Oesterreichische Patentanmeldung (application after granted)
  A9 KorrigiertePatentanmeldungen (Modified full specification)
  B/B1 Patentschrift (authorized patent)
  T Translation of European patent applications

Document Requirements

Filing Language: German

Necessary documents:

Pictures/Photos of Design (6-sided views)
A Brief Description

Attachments (if any):

Power of Attorney
Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer

Term of Protection

The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.

Due Date

via Paris Convention : 6 months from the earliest priority date.
via EU Community Design: 6 months from the earliest priority date.
via Hague Agreement route: 6 months from the earliest priority date.

Application Process Flow

ATPO only conducts formality examination of design applications.

Novelty Grace Period

If within 12 months before the filing of the design application, due to the disclosure of the designer or its former right holder, the novelty grace period can be enjoyed.

Grant and Annuity

Grant Fee: None
Annuity: The annual fee is paid every 5 years. The overdue annual fee can be paid within a grace period of up to 6 months after the due date, and a 20% penalty will be paid at the same time. No penalty within the first 3 months of the grace period.