The period for entering the Austrian national phase of a PCT application is 30 months from the priority date. If this deadline is missed, restoration is possible within two months after the missed term.
Filing requirements
Filing requirements for the Austrian PCT national phase application specify that the official language is German, and applications in other foreign languages are not allowed. To secure the filing date, the submission should include a request for a patent grant with the applicant’s name and full address, the patent specification in German, and a Power of Attorney form. Unlike some other jurisdictions, 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 and should be provided along with the application.
PCT National Phase Examination
Examination of a PCT national phase patent application in Austria involves both formal and substantive examinations. The substantive examination is automatic and does not require a specific request.
The novelty grace period in Austria allows for disclosure up to six months before the filing date if it results from evident abuse to the prejudice of the applicant or if the applicant displayed the invention at an official or officially recognized exhibition.
Official fees for granting and publication must be paid within two months of receiving the Notice of Allowance. Patents in Austria are valid for twenty years from the filing date, with annual fees due from the sixth year and payable before the last day of the month in which the anniversary of the filing date occurs. Late payment is permitted within a six-month grace period with a corresponding surcharge.
The registration procedure duration, assuming a smooth process, averages around two years from the PCT national phase entry to grant.
PCT applications may also be protected as Utility Models in Austria, subject to formal examination only. Plant and animal varieties are not protectable as utility models. The time frame for utility model registration in Austria typically takes 8-12 months, but expedited registration can occur within 3-4 months. The maximum protection period for a utility model in Austria is ten years from the international filing date.
For applicants not residing in Austria, Switzerland, or the EEA (European Economic Area), it is necessary to engage an agent, a registered Austrian patent attorney, for the PCT national phase entry in Austria.
You can find the list of Austria IP firms here.