Novelty grace period for patent applications for inventions in Austria

11 months. If an expedited request is made, granted can be obtained in about 3-4 months.

• 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.

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.

no

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.

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian Utility Model Patent Search: National Patents Search (patentamt.at)

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. 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.

yes