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.
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.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.
- 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.
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian patent search for inventions: National Patents Search (patentamt.at)
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.
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.
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.
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.
yes