• Patent fees

Fees associated with Austrian PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for the PCT national phase entry in Austria

The time limit for entering the Austrian national phase of a PCT application is 30 months from the date of priority. This deadline may be restored within two months after the missed term.

• Filing requirements in Austria

The official language of the Austrian PCT national phase application is German. Filing the application in other foreign languages is not permitted.

In order to obtain the filing date, 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 German;
- Power of Attorney form.

A copy of the international application is not required for the PCT national phase entry.

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

• Examination of a PCT national phase patent application in Austria

Applications are subject to formal and substantive examination Substantive examination of an Austrian patent application based on PCT 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 case the prosecution process goes smoothly, it takes an average of 2 years from the PCT national phase entry to grant.

• Utility Model

PCT applications may also be protected as Utility Models in Austria, which are subject to formal examination only. Plant and animal varieties are not protectable. The time frame for a utility model registration in Austria may take 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 international filing date.

• Representation by a patent attorney

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

•  Notes

1. Online Search Databases: Austrian Patents and Utility Models, European Patents (EPO).
2. PCT application may also be nationalised in Austria via entering the European PCT regional phase 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