Is a utility model application convertible in Austria?

Submitted by 页之码 on

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.

专利申请流程

AT Austria

  • 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

  • Is a utility model application in Austria eligible for DAS?

    yes

  • How long does it take to authorize an industrial design in Austria?

    1 month

  • Is the design application in Austria convertible?

    no

  • 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

  • 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.

  • Can Austrian invention patent application priority be restored?

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

  • How long is the PCT period for Austrian invention patent application

    • 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.

  • 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.