Patent Application Encyclopedia

• Authorization Fee: None
• Annuity: pay year by year from the third year from the application date, and the payment deadline for the annual fee is the end of the month corresponding to the application date. If the annual fee is overdue, it can be paid within a grace period of 6 months, and a late fee of 20.00 Euros should be paid at the same time.

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

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

yes. It is allowed to include multiple designs in one design application.

15 months

If within 12 months before the filing date/priority date, the essence or details of the invention are maliciously disclosed, or exhibited by the inventor in an international or official exhibition, the invention does not lose its novelty.

20 years, and the protection of pesticide or pharmaceutical patents can be extended to 25 years.

• Licensing Fee: None.
• Annuity: After the patent is granted, the annual fee shall be paid year by year starting from the fourth year of the application date. The annual fee can be postponed and paid within 6 months after the expiration date at the latest, but a 50% penalty must be paid at the same time.

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

no

KIPO conducts formality examination and substantive examination of invention patent applications. Only after the application documents meet the conditions of formality examination, KIPO will assign the patent to the application number. Publication is completed within 18 months from the filing date/priority date. The applicant/interested party shall submit a substantive examination request no later than 5 years from the filing date. Once an examination request is made, it cannot be withdrawn, and KIPO conducts examination in the order in which the examination requests are filed. Patent applications that meet the grant conditions will be granted.

If the following situations occur 12 months before the patent application/priority date by the inventor, applicant or assignee:

• By correspondence, or publicly at national or international exhibitions

• Disclosure due to malicious disclosure by a third party

  The novelty grace period can be enjoyed, and the applicant needs to submit corresponding evidence support when submitting the application.

Reinstatement of priority is accepted on the grounds of "due care".

yes

no

no

If the disclosure is caused by the designer, the novelty grace period is 12 months from the date of disclosure.

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

Reinstatement of priority is accepted on grounds of "due care."

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

If the British patent application is disclosed in an officially recognized international exhibition 6 months before the application, or is disclosed maliciously by a third party, the novelty grace period will be enjoyed. Evidence of exhibits at the exhibition must be submitted with the application.