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.
via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 30 months from the earliest priority date.
Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.
- 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.
yes
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. 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.
yes
The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.
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.
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian patent search for inventions: National Patents Search (patentamt.at)