Who is the competent authority for utility model 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.

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.

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.

• Authorization Fee: None
• Annuity: After the granted, it will be paid year by year from the 6th 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. There is no late fee for the first three months of the late payment period for the first annual fee (i.e. the sixth year).

2 years

yes. If multiple designs have at least one of the same category, a maximum of 50 designs can be included in one design.

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

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

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

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

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian patent search for inventions: National Patents Search (patentamt.at)