Features of the patent application process for utility model applications in Austria

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.

yes. Before the patent is granted/rejected, the patent type can be changed from invention to utility model at the request of the applicant. Can only be converted once.

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.

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

10 years

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.

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

yes

yes