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.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.
2 years
Filing Language: German
via Paris Convention via Nationalization of PCT Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Necessary documents:
- Abstract
- Abstract Drawing
- Claim
- Specification
- Drawing
Attachments (if any)
- Sequence Listing (PDF format and TXT format)
- Certificate of Deposit of Microorganisms and its German Translation
- Certificate of Microbiological Survival and its German Translation
- Power of Attorney
- Scanned Copy of Certified Priority Document / DAS
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
- Notification issued by CNIPA notify the applicant the application has passed through the security review
Attachments (if any)
- WIPO Publication
- ISR/IPRP
- Entry into the Austrian national phase 19/28/34/41 amended
- Sequence Listing (PDF format and TXT format)
- Certificate of Deposit of Microorganisms and its German Translation
- Certificate of Microbiological Survival and its German Translation
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
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.
11 months. If an expedited request is made, granted can be obtained in about 3-4 months.
yes
ATPO only conducts formality examination of design patent applications.
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian Utility Model Patent Search: National Patents Search (patentamt.at)
- 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.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.