Who is the competent authority for utility model applications in Austria?

ATPO only conducts formality examination of design patent applications.

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.

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

yes

11 months. If an expedited request is made, granted can be obtained in about 3-4 months.

• Authorization Fee: None
• Annuity: After the granted, it will be paid year by year from the 6th year from the date of application, and should be paid within 3 months before the date of application each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a surcharge of 20% is required. There is no late fee for the first three months of the late payment period for the first annual fee (i.e. the sixth year).

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.

• Authorization Fee: None
• Annuity: After granted, it will be paid year by year from the 4th year from the date of application, and should be paid within 3 months before the date of application each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a surcharge of 20% is required. The first annual fee (i.e. the 4th year) can be paid within 6 months of the late payment period without paying the penalty. It can also be paid every three years in the 4th to 6th year, and in the 7th to 10th year.

yes. If multiple designs have at least one of the same category, a maximum of 50 designs can be included in one design.