Novelty grace period for utility model applications in Austria

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

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

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

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

yes

• 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.

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.

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

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.

no