How long is the protection period of Austrian invention patent application

20 years. Patented medicines and plant protection new varieties can obtain an additional 5-year renewal period, and children's medicines can obtain an additional half-year patent protection period.

ATPO conducts formality examination and substantive examination of invention patents. The search report will be published together with the patent application within 18 months from the filing date, and the substantive examination will start automatically, and the applicant does not need to file a separate request for substantive examination. It can be authorized if the granted conditions are met.

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

yes

10 years

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.

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.

The initial protection is 5 years, which can be renewed 4 times for a maximum protection of 25 years.

• Authorization Fee: None
• Annuity: The annual fee is paid every 5 years. The overdue annual fee can be paid within a grace period of up to six months after the due date, and a 20% late fee will be paid at the same time. Pay within the first 3 months of the grace period with no late fees.