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

Submitted by 页之码 on

10 years

专利申请流程

AT Austria

  • How long is the protection period of Austrian invention patent application

    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.

  • Features of the Austrian invention patent application process

    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.

  • 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 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

  • 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.

  • 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.

  • What are the requirements for the Austrian industrial design application documents

    Filing Language: German

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    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

  • Novelty grace period for patent applications for inventions 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.

  • 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.

  • Whether an Austrian industrial design application can apply for a combined appearance

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