Whether the Austrian invention patent application can be type-converted

Submitted by 页之码 on

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.

专利申请流程

AT Austria

  • What are the requirements for the Austrian invention patent application documents

    Filing Language: German

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Certificate of Deposit of Microorganisms and its German Translation
    3. Certificate of Microbiological Survival and its German Translation
    4. Power of Attorney
    5. Scanned Copy of Certified Priority Document / DAS
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Austrian national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its German Translation
    6. Certificate of Microbiological Survival and its German Translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer

  • How long is the PCT period for Austrian invention patent application

    • 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.

  • Whether the Austrian invention patent application can be DAS

    yes

  • How long is the deadline for industrial design application in Austria?

    • via Paris Convention : 6 months from earliest priority date.
    • EU route: 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.

  • Is a utility model application convertible in Austria?

    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.

  • Instructions for Authorization of Utility Model Application and Annual Fee in Austria

    • Authorization Fee: None
    • Annuity: After granted, it will be paid year by year from the 4th 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. The first annual fee (i.e. the 4th year) can be paid within 6 months of the late payment period without paying the penalty. It can also be paid every three years in the 4th to 6th year, and in the 7th to 10th year.

  • Novelty grace period for industrial design applications in Austria

    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.

  • How long is the term of industrial design protection in Austria?

    The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.

  • Can Austrian invention patent application priority be restored?

    Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

  • What are the requirements for the utility model application documents in Austria?

    Filing Language: German

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Power of Attorney
    2. Certified Priority Document
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the German national phase 19/28/34/41 amended
    4. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer