- via Paris Convention : 6 months from earliest priority date.
- EU route: 6 months from earliest priority date.
- Hague Agreement route: 6 months from earliest priority date.
The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.
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)
- Certificate of Deposit of Microorganisms and its German Translation
- Certificate of Microbiological Survival and its 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
- Entry into the Austrian national phase 19/28/34/41 amended
- Sequence Listing (PDF format and TXT format)
- Certificate of Deposit of Microorganisms and its German Translation
- Certificate of Microbiological Survival and its German Translation
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
10 years
- Authorization Fee: None
- Annuity: After granted, it will be paid year by year from the 4th year from the date of application, and should be paid within 3 months before the date of application each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a surcharge of 20% is required. The first annual fee (i.e. the 4th year) can be paid within 6 months of the late payment period without paying the penalty. It can also be paid every three years in the 4th to 6th year, and in the 7th to 10th year.
yes
2 years
yes
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.
1 month
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.