PCT Applicant's Guide Austria EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
ISA
SISA
IPEA
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Austrian Patent Office

PatG: Patents Act [Patentgesetz]

PatV-EG: Act on the Introduction of the Patent Treaties [Patentverträge-Einführungsgesetz]

GMG: Utility Models Act [Gebrauchsmustergesetz]

PAG: Patent Office Fees Act [Patentamtsgebührengesetz]

List of currencies used in this document:

CHF (Swiss franc), EUR (Euro), KRW (Korean won), SGD (Singapore dollar), USD (US dollar), ZAR (South African rand)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Austria

Two-letter code:

Name of Office:

Austrian Patent Office

Location:

Dresdner Straße 87
A-1200 Wien
Austria

Mailing address:

Same as above

Telephone:

(43-1) 53424-0
PCT services
(43-1) 53424-450

E-mail:

for all PCT matters relating to specific international applications

pct@patentamt.at

Website:

http://www.patentamt.at

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

AT,

EP,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: AT

European patent: EP

Types of protection available via the PCT:

National:

Patents, Patents of addition, Utility models (a utility model may be sought instead of or in addition to a national patent)

European:

Patents

Payment methods accepted by the Office:

The payment of fees must be effected in EUR by transfer into the bank account of the Austrian Patent Office:

Beneficiary’s name
Österreichisches Patentamt
Dresdner Straße 87
A-1200 Wien

Bank name
BAWAG P.S.K.

Bank address
Georg-Coch-Platz 2
A-1018 Wien

BIC/Swift-Code
BUNDATWW

IBAN
AT75 0100 0000 0516 0000

Bank Number
01000

Account Number
5.160.000

Fees for appeal must be paid to the account of the Higher Regional Court of Vienna:

IBAN
AT970100000005460401

BIC/SWIFT
BUNDATWW

All payments must indicate the application number (national, if already known; International, if the national application number is not yet known), the name of the applicant and the type of fee being paid. Fees paid to the bank account of the Office are regarded as being received on the date on which the money is credited to the said account

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

The applicant may, from the date of publication of the international application, claim payment of an indemnity from any person who, without being entitled to do so, uses the subject of the application. If the application is not published in German, this right commences from the date of publication of a translation of the international application into German submitted to the Austrian Patent Office.

Where the designation is made for the purposes of a European patent:

(1) International application published in one of the EPO official languages:

compensation reasonable in the circumstances, on condition that any national requirements relating to the translation of the claims in the application have been met.

(2) International application published in a language which is not an EPO official language:

the protection referred to in (1) does not become effective until the EPO publishes the international application supplied to it in one of its official languages.

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Indications not required

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Austria

Language in which international applications may be filed:

English,

French,

German

Language accepted for language-dependent free text in the sequence listing:

English,

French,

or German,

or English and another filing language

Language in which the request may be filed:

English,

French,

German

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 20 February 2014, pages 26 et seq., 11 July 2019, page 102 and 21 July 2022, page 184 et seq.

Yes, the Office accepts XML and PDF files filed using ePCT-Filing or EPO Online Filing

Does the receiving Office accept the submission of pre-conversion documents and, if yes, in which format (Section 706 of the PCT Administrative Instructions)?

Yes, any format

Does the receiving Office accept incorporation by reference (PCT Rule 20.6)?

Yes

Does the receiving Office accept the submission of color drawings on an informal basis and transmit them to the International Bureau?

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

52 EUR

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,381 EUR

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

16 EUR

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

208 EUR

Electronic filing (the request, description, claims and abstract in character coded format):

311 EUR

Search fee:

Refer to
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

75 EUR

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

229 EUR

Is an agent required by the receiving Office?

Applicants having a residence or a principal place of business in Austria, in another member State of the European Union, in another State party to the Agreement on the European Economic Area, or in Switzerland are not obliged to be represented by an agent. However, applicants whose residence or principal place of business is outside of Austria must – at least – mention a natural person or legal entity having an address in Austria for the reception of documents. Applicants wishing to be represented may be represented either by any natural person or legal entity having a residence or its principal place of business in Austria, or by any natural person or legal entity authorized to professional representation in Austria (professional agent or agency)

Applicants having neither a residence nor a principal place of business in Austria, in another member State of the European Union, in another State party to the Agreement on the European Economic Area, or in Switzerland, are obliged to be represented by a patent attorney, attorney at law or notary, entitled to professional representation in Austria (professional agent or agency)

Who can act as agent?

Any patent attorney, attorney at law or notary, entitled to professional representation in Austria (professional agent or agency)

The list of patent attorneys may be obtained from:
Österreichische Patentanwaltskammer
Linke Wienzeile 4/1/9
A-1060 Wien
Austria
http://www.patentanwalt.at

The list of attorneys at law may be obtained from:
Österreichischer Rechtsanwaltskammertag
Rotenturmstr. 13
A-1010 Wien
Austria
http://www.oerak.or.at

The list of notaries may be obtained from:
Österreichische Notariatskammer
Landesgerichtsstr. 20
A-1010 Wien
Austria
http://www.notar.at

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

None

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

None

Annex D - International Searching Authority

International Searching Authority competent for the following Receiving Offices:

AP,

BH,

BR,

CO,

CU,

CV,

DJ,

DZ,

EG,

GE,

GH,

IN,

JM,

JO,

KE,

KP,

KR,

LR,

LS,

LY,

MA,

MU,

MX,

NG,

OA,

OM,

PE,

SG,

SY,

TT,

UG,

VN,

ZA,

ZM,

Fees payable to the ISA:

Search fee (PCT Rule 16):

This fee is payable to the receiving Office in the currency or one of the currencies accepted by it.

This fee is reduced by 75% where the applicant, or, if there are two or more applicants, each applicant is a natural person and is a national of and resides in a State for which the Austrian Patent Office is an International Searching Authority.

1,758 CHF

1,845 EUR

2,713,000 KRW

2,671 SGD

1,974 USD

36,230 ZAR

Additional search fee (PCT Rule 40.2):

This fee is payable to the International Searching Authority and only in particular circumstances.

1,845 EUR

Fee for copies of documents cited in the international search report (PCT Rule 44.3):

per page 0.95 EUR

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per page 0.95 EUR

Protest fee (PCT Rule 40.2(e)):

229 EUR

Late furnishing fee (PCT Rule 13ter.1(c)):

None

Conditions for refund and amount of refund of the search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the international application is withdrawn or is considered withdrawn, under PCT Article 14(1), (3) or (4), before the start of the international search:
refund of 100%

Where the search fee has not been reduced and where the Authority benefits from an earlier search, the search fee shall be refunded to the following extent, depending on the extent to which the Authority benefits from the earlier search:

— where the earlier search was carried out by the Authority:
refund of 75%

— where the earlier search was carried out by another International Searching Authority:
refund of 50%

— where the earlier search was carried out by another Patent Office:
refund of 25%

Languages accepted for international search:

English,

French,

German

Does the Authority accept informal comments on earlier search results where an international application claims priority from an earlier application already searched by this Authority?

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

CD-ROM,

DVD

Subject matter that will not be searched:

The subject matter specified in items (i) to (vi) of PCT Rule 39.1 with the exception of any subject matter searched under the patent grant procedure in accordance with the provisions of Austrian patent law

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

None

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

None

Annex SISA - International Searching Authority (Supplementary Search)

Fees payable to the International Bureau:

For further details on the payment of fees to the International Bureau, refer to the WIPO website at https://www.wipo.int/pct/en/fees/index.html.

Supplementary search fee (PCT Rule 45bis.3):

This fee is fixed by the Authority in EUR and will be revised from time to time to reflect currency fluctuations between EUR and CHF.

— for a search of only the German-language documentation

819 CHF

— for a search of only the PCT minimum documentation

1,638 CHF

— for a search of only the European and North American documentation

1,146 CHF

Supplementary search handling fee (PCT Rule 45bis.2):

200 CHF

Late payment fee (PCT Rule 45bis.4(c)):

100 CHF

Fees payable to the Authority:

Fee for copies of documents cited in the supplementary international search report (PCT Rule 45bis.7(c)):

per page 0.95 EUR

Fee for copies of documents contained in the file of the international application (PCT Rule 94.1ter):

per page 0.95 EUR

Late furnishing fee (PCT Rules 13ter.1(c) and 45bis.5(c)):

None

Conditions for refund and amount of refund of the supplementary search fee:

Money paid by mistake, without cause, or in excess, will be refunded

Where the supplementary search request is considered not to have been submitted before the start of the supplementary international search (refer to PCT Rule 45bis.3(e)):
refund of 100%

Languages accepted for supplementary international search:

English,

French,

German

Subject matter that will not be searched:

Scope of documentation included in the supplementary international search:

Three scopes of documentation are offered, at the choice of the applicant (refer to “Fees payable to the International Bureau”)

Limitations on supplementary international search:

The Authority shall notify the International Bureau if demand for supplementary international search exceeds available resources

Types of physical media accepted for the furnishing of nucleotide and/or amino acid sequence listings:

CD-ROM,

DVD

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

None

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

None

Annex E - International Preliminary Examining Authority

International Preliminary Examining Authority competent for the following Receiving Offices:

AP,

BH,

BR,

CO,

CU,

CV,

DJ,

DZ,

EG,

GE,

GH,

IN,

JM,

JO,

KE,

KP,

KR,

LR,

LS,

LY,

MA,

MU,

MX,

NG,

OA,

OM,

PE,

SG,

SY,

TT,

UG,

VN,

ZA,

ZM,

Fees payable to the IPEA:

Preliminary examination fee (PCT Rule 58):

This fee is payable to the International Preliminary Examining Authority.

This fee is reduced by 75% where the applicant or, if there are two or more applicants, each applicant is a natural person and is a national of and resides in a State for which the Austrian Patent Office is an International Searching Authority.

1,749 EUR

Additional preliminary examination fee (PCT Rule 68.3):

This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.

1,749 EUR

Handling fee (PCT Rule 57.1):

This fee is payable to the International Preliminary Examining Authority. It is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

208 EUR

Fee for copies of documents cited in the international preliminary examination report (PCT Rule 71.2):

per page 0.95 EUR

Fee for copies of documents contained in the file of the international application (PCT Rule 94.2):

per page 0.95 EUR

Protest fee (PCT Rule 68.3(e)):

229 EUR

Late furnishing fee (PCT Rule 13ter.2):

None

Conditions for refund and amount of refund of the preliminary examination fee:

Money paid by mistake, without cause, or in excess, will be refunded

In the cases provided for under PCT Rule 58.3:
refund of 100%

If the international application or the demand is withdrawn before the start of the international preliminary examination:
refund of 100%

Languages accepted for international preliminary examination:

English,

French,

German

Subject matter that will not be examined:

The subject matter specified in items (i) to (vi) of PCT Rule 67.1 with the exception of any subject matter examined under the patent grant procedure in accordance with the provisions of the Austrian patent law

Are there any restrictions with regard to the competence of the Authority acting as an International Preliminary Examining Authority?

Waiver of power of attorney:

Has the Authority waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

None

Has the Authority waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

None

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

Before completion of technical preparations for international publication

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, all significant information on the characteristics of the microorganism

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Does the Office permit reinstatement of rights (PCT Rule 49.6)?

Yes, reinstatement of rights may be requested where the applicant, due to an unforeseeable or unavoidable event or in spite of due care, has failed to comply with a time limit before the Office and non-observance of the time limit is detrimental to his rights.

Fee for reinstatement

269 EUR

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

German

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Does the Office accept color drawings under its national law?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Fee for entry into the national phase

52 EUR

Document fee (Schriftengebühr)

50 EUR

Search and examination fee, including 10 claims

292 EUR

Claims fee, from the 11^th claim, for each group of up to 10 claims

104 EUR

Utility models

Fee for entry into the national phase

52 EUR

Document fee (Schriftengebühr)

50 EUR

Search fee, including 10 claims

156 EUR

Claims fee, from the 11^th claim, for each group of up to 10 claims

104 EUR

Exemptions, reductions or refunds of fees:

No fee for entry into the national phase is payable if the international application was filed with the Austrian Patent Office as receiving Office

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

Who can act as agent?

Any patent attorney, attorney at law or notary, entitled to professional representation in Austria (professional agent or agency).

The list of patent attorneys may be obtained from:
Österreichische Patentanwaltskammer
Linke Wienzeile 4/1/9
A-1060 Wien
Austria
http://www.patentanwalt.at

The list of attorneys at law may be obtained from:
Österreichischer Rechtsanwaltskammertag
Rotenturmstr. 13
A-1010 Wien
Austria
http://www.oerak.or.at

The list of notaries may be obtained from:
Österreichische Notariatskammer
Landesgerichtsstr. 20
A 1010 Wien
Austria
http://www.notar.at

Does the Office accept the effect of restoration of the right of priority by the receiving Office (PCT Rule 49ter.1)?

Yes

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

AT.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003). If the translation furnished to the Office contains only the description, the Office will invite the applicant to furnish the missing part and will excuse the late furnishing provided that the scope of the disclosure contained in the translation furnished to the Office is not broadened thereby.

AT.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex AT.I.

AT.03 POWER OF ATTORNEY

PatG Sec. 21, PatG Sec. 77
An agent must be appointed by filing a power of attorney. An attorney-at-law, a patent attorney or a notary may replace a power of attorney by a reference to his authorization. A model of a power of attorney is given in Annex AT.II.

AT.04 MENTION OF INVENTOR

PatG Sec. 20
The name of the inventor is mentioned by the Office in the Patent Register and in the publication of the patent upon express request only. That request may be made by the applicant or the inventor at any time, even after the publication of the patent. Where several persons are entitled to make such request, the requestor must produce proof that the other persons entitled agree, unless the request is made jointly by all those entitled.

AT.05 ANNUAL FEES

PAG Sec. 6
Annual fees for patents are only payable after publication in the Patent Gazette [Österreichisches Patentblatt] of the granting of the patent. In general, annual fees are only payable for the sixth year and the following years (calculated on the basis of the last day of the month in which the application was filed). However, no payment of annual fees is due before the granting of the patent.

The annual fees must be paid within three months preceding the due date (the last day of the month which corresponds to the month in which the application was filed), but not later than six months after the due date. Payments made after the due date will be subject to a late payment surcharge of 20% of the applicable fee.

The amounts of the annual fees for national patents and utility models are indicated in Annex AT.I.

AT.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, PatG Sec. 91(3)
The applicant may make amendments to any part of the application up to the decision to grant a patent, provided that the scope of the subject matter of the application is not broadened thereby. It is to be noted that, during the opposition procedure following the grant of the patent, amendments to the description, claims or drawings may still be made, but only within the scope of the patent as granted.

AT.07 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, PatG Sec. 70, PatV Sec. 16(3)
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within two months from the date of receipt of the decision. Within the same two-month time limit, a fee for appeal must be paid (for the amount, refer to Annex AT.I). The Higher Regional Court of Vienna will then decide on the appeal.

AT.08 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PatG Sec. 129, PatG Sec. 130, PatG Sec. 131, PatG Sec. 132, PatG Sec. 133, PatG Sec. 134, PatG Sec. 135, PatG Sec. 136
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Reinstatement may be requested where the applicant, due to an unforeseeable or unavoidable event or in spite of due care required by the circumstances, has failed to comply with a time limit before the Office and non-observance of the time limit is detrimental to his rights. A request for reinstatement must be presented in writing within two months after the removal of the cause of the failure to perform the act but not later than one year from the expiration of the time limit which has not been observed. Within these two months, the omitted act must be completed, the procedural fee for reinstatement indicated in Annex AT.I must be paid, and the request must state the facts which justify the reinstatement and procedure evidence of those facts, unless they are well known to the Office.

AT.09 UTILITY MODEL

PCT Art. 4(3), PCT Art. 43, PCT Art. 44, PCT Rule 4.12, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5, GMG Sec. 3(4), GMG Sec. 13, GMG Sec. 14, GMG Sec. 15, GMG Sec. 16, GMG Sec. 17
If the applicant wishes to obtain utility model registration in Austria on the basis of an international application

(i) instead of a patent, or

(ii) in addition to a patent,

subject to what is said in paragraph AT.13, the applicant, when entering the national phase, shall so indicate to the Office. Utility model applications must fulfill basically the same requirements as patent applications. However, unlike patent applications, utility model applications enjoy a grace period in which disclosure of the invention by the applicant or his legal predecessor is not prejudicial to novelty provided that it did not take place more than six months prior to the date of filing

AT.10

GMG Sec. 6, GMG Sec. 18(1), GMG Sec. 19, GMG Sec. 27
The term of protection of the utility model commences with its publication and registration; the maximum term of protection for a utility model is 10 years from the end of the month in which the application is filed. In normal proceedings and where possible, if there are no objections to the publication and registration of the utility model, the Office compiles a search report within six months of the date of filing—the application procedure for utility models does not involve substantive examination. The applicant may amend the claims on receipt of the search report. Once proof of payment of the required fees has been received, the utility model is registered and published on the same date (in the Official Gazette). Additionally, applicants may request accelerated proceedings (immediate publication and registration of their utility model) when filing their application. Under that procedure, where no objections arise from the formal examination and the proof of payment is received, the utility model is published and registered within one to three months from filing.

AT.11

PatV Sec. 16
If the international application is for both a utility model and a patent, the applicant must, within the time limit applicable for the entry into the national phase, pay two fees for entry into the national phase (for the patent application and the utility model application) and, where the international application was not filed in the German language, furnish a translation into German, and file a power of attorney (if any) in duplicate.

AT.12

PAG Sec. 16
Annual fees are payable from the fourth year onwards, as from the last day of the month of the filing date. In case the utility model is not published and registered before three years from the last day of the month of the filing date, annual fees are payable only for the years following the publication and registration of the utility model. The amounts of the annual fees are indicated in Annex AT.I.

AT.13 CONVERSION

PatG Sec. 92b, GMG Sec. 21
An international application for a patent may be converted into a utility model application, and vice versa, after the applicant has complied with the requirements for the entry into the national phase as indicated in the Summary. Conversion may be effected up to the date on which the decision is taken to publish or reject the application. However, once a conversion has taken place, a conversion back to the original status will not be possible.

AT.14 BRANCHING OFF

GMG Sec. 15a(1)
A utility model application concerning the subject matter of an earlier application for a patent that is valid in Austria may claim the filing date of that earlier patent application provided the utility model application is filed before the expiration of two months after the patent application is considered withdrawn or finally rejected or after the opposition procedure, if any, is terminated.

AT.15 RESTORATION OF THE RIGHT OF PRIORITY

PCT Rule 49ter.2, PCT Rule 49ter.2(e)
A declaration or other evidence in support of a request for restoration of the right of priority should be filed within the time limit set out in PCT Rule 49ter.2(b)(i).

If such a request is not accompanied by a declaration or other supporting evidence it will not be refused prima facie by the Office but the applicant will be requested to furnish the required declaration within a time limit which shall be reasonable under the circumstances.

Annexes

Annex AT.I - Fees

Patent

Fee for entry into the national phase

Where the international application has been filed with the Austrian Patent Office as receiving Office, the fee for entering the national phase is considered to have been paid with the payment of the transmittal fee.

52 EUR

Document fee (Schriftengebühr)

50 EUR

Search and examination fee, including 10 claims

292 EUR

Claims fee, from the 11^th claim, for each group of up to 10 claims

104 EUR

Publication fee (for grant)

In excess of 15 pages, an additional fee of 135 EUR is payable for each 15 pages (or part thereof) of the description, including the claims and drawings attached to the description.

208 EUR

Annual fees:

— for the 6^th year

104 EUR

— for the 7^th year

208 EUR

— for the 8 th year

313 EUR

— for the 9^th year

417 EUR

— for the 10^th year

522 EUR

— for the 11^th year

626 EUR

— for the 12^th year

731 EUR

— for the 13^th year

835 EUR

— for the 14 th year

940 EUR

— for the 15^th year

1,044 EUR

— for the 16^th year

1,148 EUR

— for the 17^th year

1,253 EUR

— for the 18^th year

1,357 EUR

— for the 19^th year

1,566 EUR

— for the 20^th year

1,775 EUR

Fee for restoration of the right of priority, including document fee (Schriftengebühr)

269 EUR

Procedural fee for reinstatement, including document fee (Schriftengebühr)

269 EUR

Fee for appeal (Higher Regional Court of Vienna)

355 EUR

Utility model

Fee for entry into the national phase

52 EUR

Document fee (Schriftengebühr)

50 EUR

Search fee, including 10 claims

156 EUR

Claims fee, from the 11^th claim, for each group of up to 10 claims

104 EUR

Publication fee (for grant)

135 EUR

Supplement for accelerated publication and registration

52 EUR

Annual fees:

Instead of paying annual fees, a single fee of 376 EUR may be paid for the 4^th to 6^th years and 1,410 EUR for the 7^th to the 10^th years, which results in savings for the applicant

— for the 4^th year

52 EUR

— for the 5^th year

104 EUR

— for the 6^th year

261 EUR

— for the 7^th year

313 EUR

— for the 8 th year

365 EUR

— for the 9^th year

417 EUR

— for the 10^th year

470 EUR

Fee for restoration of the right of priority, including document fee (Schriftengebühr)

269 EUR

Procedural fee for reinstatement, including document fee (Schriftengebühr)

269 EUR

Fee for appeal (Higher Regional Court of Vienna) .

355 EUR

How can payment of fees be effected?

The payment of fees must be effected in euro by transfer into the bank account of the Austrian Patent Office:

Beneficiary’s name
Österreichisches Patentamt
Dresdner Straße 87
A-1200 Wien

Bank name
BAWAG P.S.K.

Bank address
Georg-Coch-Platz 2
A-1018 Wien

BIC/Swift-Code
BUNDATWW

IBAN
AT75 0100 0000 0516 0000

Bank Number
01000

Account Number
5.160.000

Fees for appeal must be paid to the account of the Higher Regional Court of Vienna:

IBAN
AT970100000005460401

BIC/SWIFT
BUNDATWW

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex AT.II - Power of attorney

Processing

AT - Austria
Austrian Patent Office

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex D - International Searching Authority

Annex SISA - International Searching Authority (Supplementary Search)

Annex E - International Preliminary Examining Authority

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

AT - Austria Austrian Patent Office

Error Information Warning Confirmation

AT - Austria
Austrian Patent Office