Can Austrian utility model application priority be restored?

Submitted by 页之码 on

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

专利申请流程

AT Austria

  • Whether the Austrian invention patent application can be type-converted

    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.

  • Is the design application in Austria convertible?

    no

  • Novelty grace period for utility model applications in Austria

    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.

  • What are the requirements for the Austrian invention patent application documents

    Filing Language: German

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Certificate of Deposit of Microorganisms and its German Translation
    3. Certificate of Microbiological Survival and its German Translation
    4. Power of Attorney
    5. Scanned Copy of Certified Priority Document / DAS
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Austrian national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its German Translation
    6. Certificate of Microbiological Survival and its German Translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer

  • What are the requirements for the utility model application documents in Austria?

    Filing Language: German

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Power of Attorney
    2. Certified Priority Document
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
    5. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the German national phase 19/28/34/41 amended
    4. Power of Attorney
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer

  • How long does it take to grant a utility model application in Austria?

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

  • How long is the term of industrial design protection in Austria?

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

  • Features of Austrian design patent application process

    ATPO only conducts formality examination of design patent applications.

  • Whether the Austrian design application can be DAS

    yes

  • Novelty grace period for patent applications for inventions in Austria

    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.