Patent Application Encyclopedia

6 months before the filing date/priority date.

20 years

Authorization Fee: None

Annual Fee: Renewable every 5 years starting from the 5th year from the filing date.

• Grant fee: The applicant needs to pay the granted fee within 3 months after receiving the notification of the granted decision, and pay the annual fee for the first to third years at the same time.
• Annuity: The annual fee will be paid year by year starting from the fourth year from the filing date. The amount of the annual fee depends on the number of Claim, and the annual fee can also be paid. If the annual fee is overdue, it can be paid within the 6-month late payment period after the due date, but a 200% penalty must be paid at the same time.

The novelty grace period is 6 months before the filing date/priority date.

The novelty of the invention will not be lost if the information about the invention is disclosed within 6 months before the filing date or the priority date if the following conditions are met:

• Disclosure due to apparent misuse by the applicant or its predecessor owners
• The invention is disclosed at an official or officially recognized international exhibition

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

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

The patent grant procedure is divided into two separate stages:

• The first stage is the formality examination stage, from the filing of the patent application to the publication of the patent application.
• The second stage is the substantive examination stage after publication. If the application meets the formal requirements, the Hungarian Patent Office will manage the filing date and perform a novelty search. The request for substantive examination can be made at the time of filing the application or at the latest within 6 months from the date of publication of the search report in the Official Gazette.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 30 months from the earliest priority date.

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• via Paris Convention : 6 months from earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.

5-6 years

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

• Grant fee: The applicant should pay the granted fee and the annual fee for the first year within 30 days after receiving the granted notice.
• Annuity: The annual fee shall be paid year by year from the second year from the date of granted, and the payment of the annual fee may be postponed within 6 months if the annual fee is overdue, but a 200% penalty shall be paid at the same time.

OSIM conducts formality examination and substantive examination of invention patent applications. OSIM will issue a search report with a written opinion on patentability within 6 months, which will be published simultaneously with the patent application. The applicant shall submit a request for substantive examination within 30 months from the filing date at the latest, and may submit a request for expedited substantive examination within 18 months from the filing date. After substantive examination of the patent application, OSIM makes a decision of grant or rejection, and notifies the applicant within one month, and the decision will be announced after the one-month appeal period.

If the inventor or his client, the national office, or the information obtained directly or indirectly from the inventor leads to third-party disclosure, a novelty grace period of 12 months before the filing date/priority date can be enjoyed.

• via Paris Convention : 12 months from earliest priority date.
• via Nationalization of PCT : 31 months from earliest priority date.

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UKRPATENT only conducts formality examination of utility model patent applications. The objects protected by utility models are the same as those protected by invention patents (i.e. products, processes, new uses of known products and processes).