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 authorized if the granted conditions are met.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.
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.
The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.
ATPO only conducts formality examination of design patent applications.
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.
Filing Language: German Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
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11 months. If an expedited request is made, granted can be obtained in about 3-4 months.
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian Utility Model Patent Search: National Patents Search (patentamt.at)