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

Submitted by 页之码 on

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

专利申请流程

AT Austria

  • How long does it take to grant a utility model application in Austria?

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

  • Is the design application in Austria convertible?

    no

  • How long is the protection period for utility model applications in Austria?

    10 years

  • Features of the patent application process for utility model applications in Austria

    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.

  • 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.

  • 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

  • Austrian invention patent application authorization and annual fee instructions

    • 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).

  • Instructions for Authorization of Industrial Design and Annual Fee in Austria

    • 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.

  • Novelty grace period for utility model applications in Austria

    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.

  • 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.