Legal notes to patent registration in Austria

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Patent registration in Austria. Austria, officially the Republic of Austria, is a landlocked country in the southern part of Central Europe, located on the Eastern Alps. Austria is consistently ranked in the top 20 richest countries in the world by GDP per capita terms. The country has achieved a high standard of living and in 2018 was ranked 20th in the world for its Human Development Index. Vienna consistently ranks in the top internationally on quality-of-life indicators. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Austria.

Necessary documents for patent registration in Austria

The necessary documents for patent registration in Austria include:

  • The request to grant a patent (patent application);
  • Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, and citizenships, etc.;
  • A description of the invention;
  • A signed and stamped power of attorney by the applicant(s);
  • Priority documents (if any);
  • Other required documents.

For applicants not residing in Austria, Switzerland, or the EEA (European Economic Area), the applicant needs to file their patent application through a registered Austrian patent attorney.

The procedure for patent registration in Austria

To obtain patent protection in Austria, the applicant needs to file their patent application to the IP Office of Austria.

The application for patent registration in Austria will undergo a formal and substantive examination.

Unlike other countries, the substantive examination in Austria is automatic. The applicant doesn’t need to file a special request.

Official fees for granting and publication should be paid within 2 months from the date when the Notice of Allowance was issued. When the fees are paid in full, the patent will be granted to the applicant.

In Austria, a patent has a validity period of 20 years from the filing date.

To maintain the patent, the patentee must pay the annual fees due each year starting from the 6th year.

Late payment is possible within a 6 months grace period by paying a corresponding surcharge.

Notes when filing for patent registration in Austria

When claiming priority in the patent registration procedure in Austria, it should be noted that the applicant needs to file a patent application claiming conventional priority within the 12 months period from the priority date. The term for claiming priority in Austria may be extended for 2 months in special circumstances.

The official language of an Austrian patent application is German. However, the applicant and/or their representative may file the application in English or French, provided that they submit the necessary translation of the required documents within 2 months from the official request of the IP Office.

Regarding novelty, the validity of a patent application in Austria will not be disproved if the disclosure of the invention on that patent application is made 6 months before the filing date, either as a result of an evident abuse to the prejudice of the applicant or his legal predecessor or as a result of the applicant has displayed the invention at an official or officially recognized exhibition.

In case the patent registration process goes smoothly, it takes an average of 2 years from filing to the granting of a patent.

You can see a list of Austria IP firms here

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