ATPO only conducts formality examination of design patent applications.
If within 12 months before the filing of the design patent application, due to the disclosure of the designer or its former right holder, the novelty grace period can be enjoyed.
The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian Utility Model Patent Search: National Patents Search (patentamt.at)
1 month
yes
yes. Prior to patent grant/rejection, the patent type can be converted from utility model to invention at the request of the applicant. Can only be converted once.
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.
- Authorization Fee: None
- Annuity: After the granted, it will be paid year by year from the 6th 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. There is no late fee for the first three months of the late payment period for the first annual fee (i.e. the sixth year).
- 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.
- Authorization 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 six months after the due date, and a 20% late fee will be paid at the same time. Pay within the first 3 months of the grace period with no late fees.