• Patent fees

Fees associated with filing patent applications in Austria as well as other patent fees are available in the fee calculator.

• Term for filing a patent application in Austria

The term for filing a patent application in Austria claiming conventional priority is 12 months from the priority date. This deadline may be restored in specific cases within two months after its expiration.

• Filing requirements in Austria

The official language of an Austrian patent application is German, but it may be filed in English or French as well. The Austrian patent office will conduct a search and submit a search report for applications filed in German, English or French. However, the German translation must be submitted within two months upon receipt of an official invitation.

To obtain the date of filing, it is necessary to submit:
- a request to grant a patent, containing a name and full address of the applicant(s);
- the patent specification in English,  French or German;
- Power of Attorney form.

It is not usually required to furnish the Priority Document; however, it may be requested by the Patent Office.

A signed copy of the Power of Attorney is sufficient. It should be provided along with the application.

• Examination of an Austrian patent application

Applications are subject to formal and substantive examination. Substantive examination of an Austrian patent application is conducted automatically without any specific request.

• Novelty grace period

If the disclosure of the information on the invention has been made up to six months before the filing date either as a consequence of an evident abuse to the prejudice of the applicant or his legal predecessor, or as a consequence of the applicant or his legal predecessor having displayed the invention at an official or officially recognized exhibition, it will not disprove the novelty of the invention.

• Grant, validity term and maintenance fees 

Official fees for granting and publication should be paid within 2 months from the date when Notice of Allowance was issued. Patents in Austria are in force for twenty years from the filing date. Annual fees are due each year starting from the 6th one and should be paid after the patent is granted before the expiry of the last day of the month in which the anniversary of the filing date occurs. Late payment is possible within a six-month grace period by paying a corresponding surcharge.

• Duration of registration procedure

In the case that the prosecution process goes smoothly, it takes an average of 2 years from filing to grant.

• Utility Model 

Inventions may also be protected as Utility Models in Austria, which are subject to formal examination only. Plant and animal varieties are not protectable. Approximate time for a utility model registration in Austria is 8-12 months. However, if an expedited registration is requested, registration takes place within 3-4 months. Maximum protection period of a utility model in Austria is ten years from the date of filing.

• Representation by a patent attorney

For applicants not residing in Austria, Switzerland or the EEA (European Economic Area), it is necessary to perform patent prosecution through an agent, a registered Austrian patent attorney.

•  Notes

1. Online Search Databases: Austrian Patents and Utility Models, European Patents (EPO).
2. Patent protection may also be obtained in Austria via registration of the European patent and its further validation in Austria.

Brief summary is based on the information provided by PUCHBERGER & PARTNER PATENTANWÄLTE on 23.01.2024
Please contact us if the above information is not in conformity with Austrian IP Laws