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

• 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).

ATPO only conducts formality examination of design patent applications.

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

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

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• 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.

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian Utility Model Patent Search: National Patents Search (patentamt.at)

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