yes
- 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.
The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 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.
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.
yes
yes. Before the patent is granted/rejected, the patent type can be changed from invention to utility model at the request of the applicant. Can only be converted once.
- 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.
ATPO conducts formality examination only for utility model patent applications. Although ATPO searches utility model patent applications, the search results do not affect the grant results. The applicant may amend the patent application after receiving the search report.
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
- Entry into the German national phase 19/28/34/41 amended
- Power of Attorney
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
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