Guide for Austrian Patent Application Process

Patent Trademark

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

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 Liechtenstein to the west.

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
       

Filing Language: German

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

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

 

Attachments (if any)

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

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.

  • 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.

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.

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.

2 years

  • 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).

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

Yes

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. 

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

Filing Language: German

via Paris Conventionvia Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

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

 

Attachments (if any)

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

10 years

  • 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.

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.

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 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.

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

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

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

Yes

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

Filing Language: German

Necessary documents:

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

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document
  3. Declaration of Ownership/Certification of Employment/Assignment of Priority
  4. Assignment for Patent Right Transfer

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

  • 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.

ATPO only conducts formality examination of design applications.

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 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.

1 month

No

Yes

Yes. If multiple designs have at least one of the same classification, a maximum of 50 designs can be included in one design.

发明专利、实用新型及外观设计进入国家申请流程
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