WIPO - PCT Applicant's Guide AT - 奥地利
奥地利专利局

    适用起自 2026年1月1日
    (发布 2025年12月11日)

    此版本最新变更汇总
    RO: RO fees
    ISA: ISA fees
    SISA: SISA fees
    IPEA: IPEA fees
    变更明细列表

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    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]
    [MT] 本文档中使用的货币列表 :
    CHF (瑞士法郎), EUR (欧元), KRW (韩元), SGD (新加坡元), USD (美元), ZAR (南非兰特)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    The Office does not have any reservations, declarations, notifications or incompatibilities.
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国：
    奥地利
    [MT] 两个字母代码 :
    AT
    [MT] 办公室名称:
    奥地利专利局
    [MT] 地点：
    Dresdner Straße 87
    A-1200 Wien
    Austria
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话：
    (43-1) 53424-0
    PCT services
    (43-1) 53424-450
    [MT] 电子邮件：
    for all PCT matters relating to specific international applications
    pct@patentamt.at
    [MT] 网站地图
    [MT] 传真：
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    不
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    不
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    AT,
    EP,
    IB
    [MT] 国家立法是否限制向外国局提交国际申请?
    Refer to the Office
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: AT
    European patent: EP
    [MT] 通过PCT 提供的保护类型:
    [MT] 国家：
    Patents, Patents of addition, Utility models (a utility model may be sought instead of or in addition to a national patent)
    [MT] 欧洲：
    Patents
    [MT] 办公室接受的付款方式:
    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
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    None
    [MT] 国际公布后的临时保护 :
    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.
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 发明人姓名和地址必须提供的时间:
    Indications not required
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定？
    Yes, refer to Annex L.
    [MT] 欧洲专利申请
    Refer to Annex B(EP)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    奥地利
    [MT] 国际申请可用语言提交:
    English,
    French,
    German
    [MT] 接受的语言 - 依赖于序列列表中的自由文本 :
    English,
    French,
    or German,
    or English and another filing language
    [MT] 请求书可用语言提交:
    English,
    French,
    German
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    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, 21 July 2022, page 184 et seq., 30 October 2025, page 211 and 11 December 2025, page 253.
    Yes, the Office accepts electronic filing via ePCT-Filing and APO’s web-based Online Filing
    [MT] 接收局是否接受转换前文件的提交,如果接受,采用何种格式(PCT行政指示第706条 )?
    Yes, any format
    [MT] 接受局是否接受以提及方式纳入 (PCT规则20.6 )?
    是的
    [MT] 接受局是否接受非正式提交彩色图纸并将其转交国际局?
    不
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests
    [MT] 国际主管查询机关 :
    EP
    [MT] 国际初步审查主管机关 :
    EP
    Fees payable to the RO:
    [MT] 传输费用 :
    52 EUR
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,428 EUR
    [MT] 超过30张的每张费用:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    16 EUR
    [MT] 减免(费用表,项目4) :
    [MT] 电子提交(以字符编码格式提交请求 ) :
    215 EUR
    [MT] 电子提交(请求书、说明书、权利要求书和摘要以字符编码格式提交 ) :
    322 EUR
    [MT] 搜索费用:
    Refer to
    Annex D(EP)
    [MT] 优先权文件费 (PCT规则17.1(b ) ) :
    111 EUR
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    229 EUR
    [MT] 接受局是否要求代理人?
    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)
    [MT] 谁可以担任代理人?
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    是的
    [MT] 需要另行授权的特殊情况:
    None
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    None

    [MT] 附件D - 国际查询管理局

    [MT] 下列接受局的主管国际查询机关:
    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,
    ZW
    Fees payable to the ISA:
    [MT] 查询费(PCT规则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.
    1,719 CHF
    1,845 EUR
    3,075,000 KRW
    2,787 SGD
    2,154 USD
    37,170 ZAR
    [MT] 附加查询费 (PCT规则40.2 ) :
    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.
    This fee is payable to the International Searching Authority and only in particular circumstances.
    1,845 EUR
    [MT] 国际检索报告中引用的文件副本的收费 (PCT规则44.3 ) :
    per page 0.95 EUR
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    per page 0.95 EUR
    [MT] 抗辩费(PCT规则40.2(e) ) :
    229 EUR
    [MT] 逾期提供费 (PCT规则13之三.1(c ) ) :
    None
    [MT] 退还条件和退还的搜索费用的数额:
    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%
    [MT] 国际搜索接受的语言 :
    English,
    French,
    German
    [MT] 当一项国际申请要求从本局已搜索的先前申请中获得优先权时,本局是否接受对先前查询结果的非正式评论?
    不
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    CD-ROM,
    DVD
    [MT] 将不会搜索的主题:
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    是的
    [MT] 需要另行授权的特殊情况:
    None
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    None

    [MT] 附件SISA - 国际查询机构(补充查询 )

    [MT] 应付国际局的费用:
    For further details on the payment of fees to the International Bureau, refer to the WIPO website at https://www.wipo.int/en/web/pct-system/fees/index.
    [MT] 补充查询费 (PCT规则45之二.3 ) :
    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 German-language documentation
    792 CHF
    [MT] — 仅搜索PCT最低限度文档
    1,584 CHF
    — for a search of only European and North American documentation
    1,109 CHF
    [MT] 补充查询手续费 (PCT规则45之二.2 ) :
    200 CHF
    [MT] 逾期缴费 (PCT规则45之二.4(c ) ) :
    100 CHF
    [MT] 应付管理局的费用:
    [MT] 补充国际查询报告中引用的文件副本的收费(PCT规则第45条之二第7款(c)项 ) :
    per page 0.95 EUR
    [MT] 国际申请档案所含文件副本的费用 (PCT规则94.1之三 ) :
    per page 0.95 EUR
    [MT] 逾期提供费 (PCT规则第13条之三第1款(c)项和第45条之二第5款(c)项 ) :
    None
    [MT] 补充查询费的退还条件和退还金额:
    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%
    [MT] 补充国际检索 所接受的语言 :
    English,
    French,
    German
    [MT] 将不会搜索的主题:
    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
    [MT] 补充国际查询所包括的文件范围 :
    Three scopes of documentation are offered, at the choice of the applicant (refer to “Fees payable to the International Bureau”)
    [MT] 补充国际查询的限制:
    The Authority shall notify the International Bureau if demand for supplementary international search exceeds available resources
    [MT] 核苷酸和/或氨基酸序列列表 的物理介质类型:
    CD-ROM,
    DVD
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    是的
    [MT] 需要另行授权的特殊情况:
    None
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    None

    [MT] 附件E - 国际初步审查机构

    [MT] 国际初步审查机构 主管以下接受局 :
    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,
    ZW
    [MT] 对担任国际初步审查机构的管理机构的权限是否有任何限制?
    不
    Fees payable to the IPEA:
    [MT] 初步审查费(PCT规则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
    [MT] 额外初步审查费 (PCT规则68.3 ) :
    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.
    This fee is payable to the International Preliminary Examining Authority and only in particular circumstances.
    1,749 EUR
    [MT] 处理费 (PCT规则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)).
    215 EUR
    [MT] 国际初步审查报告中引用的文件副本费用 (PCT规则71.2 ) :
    per page 0.95 EUR
    [MT] 国际申请档案所含文件副本的收费 (PCT规则94.2 ) :
    per page 0.95 EUR
    [MT] 抗辩费(PCT规则68.3(e ) ) :
    229 EUR
    [MT] 逾期提供费 (PCT规则13之三.2 ) :
    None
    [MT] 预审费退还条件和退还金额:
    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%
    [MT] 国际初步审查可接受的语言 :
    English,
    French,
    German
    [MT] 不予审查的主题事项 :
    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
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 管理局是否已放弃提交单独授权书的要求？
    是的
    [MT] 需要另行授权的特殊情况:
    None
    [MT] 管理局是否已放弃提交一般授权书副本的要求？
    是的
    [MT] 需要提供一般授权书副本的特殊情况:
    None

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记：
    Before completion of technical preparations for international publication
    [MT] 任何其他说明：
    At the time of filing (as part of the application)
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, all significant information on the characteristics of the microorganism

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(1): 30 months from the priority date
    Under PCT Article 39(1)(a): 30 months from the priority date
    [MT] 专利局是否允许恢复权利(PCT规则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
    [MT] 国际申请必须翻译成以下语言之一:
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    German
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    不
    [MT] 局是否根据其国家法律 接受彩色图纸?
    不
    [MT] 国家费用 :
    Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).
    [MT] 专利
    [MT] 国家阶段的参赛费
    52 EUR
    [MT] 文件费(Schriftengebühr )
    74 EUR
    [MT] 查询和审查费,包括10项权利要求
    292 EUR
    [MT] 索赔费,从第11项索赔起,每组最多10项索赔
    104 EUR
    [MT] 实用新型
    [MT] 国家阶段的参赛费
    52 EUR
    [MT] 文件费(Schriftengebühr )
    74 EUR
    [MT] 查询费,包括10项权利要求
    156 EUR
    [MT] 索赔费,从第11项索赔起,每组最多10项索赔
    104 EUR
    [MT] 免除、减少或退还费用:
    No fee for entry into the national phase is payable if the international application was filed with the Austrian Patent Office as receiving Office
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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.
    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)
    [MT] 谁可以担任代理人?
    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
    [MT] 局是否接受接收局恢复优先权的效力(PCT规则49之三.1 )?
    是的
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

    [MT] 国家阶段的程序

    [MT] AT.01 翻译(更正)
    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 NP 6.002 and NP 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.
    [MT] AT.02 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex AT.I.
    [MT] 代理人委托书
    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.
    [MT] AT.04 发明人姓名
    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.
    [MT] AT.05 年费
    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.
    [MT] AT.06 申请书的修改;时限
    PCT 条约 28,
    PCT 条约 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.
    [MT] 根据《专利法》第25条进行复审
    PCT 条约 25,
    PCT 细则 51,
    PatG Sec. 70,
    PatV Sec. 16(3)

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] AT.08 会议时间限制延误的理由
    PCT 条约 24(2),
    PCT 条约 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 NP 6.022 to NP 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.
    [MT] AT.09 实用新型
    PCT 条约 4(3),
    PCT 条约 43,
    PCT 条约 44,
    PCT 细则 4.12,
    PCT 细则 49bis.1,
    PCT 细则 49bis.1(a),
    PCT 细则 49bis.1(b),
    PCT 细则 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.
    [MT] AT.13 转换
    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.
    [MT] AT.14 分支机构
    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.
    [MT] AT.15 恢复优先权
    PCT 细则 49ter.2,
    PCT 细则 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

    [MT] 附件AT.I - 收费
    [MT] 专利
    [MT] 国家阶段的参赛费
    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
    [MT] 文件费(Schriftengebühr )
    74 EUR
    [MT] 查询和审查费,包括10项权利要求
    292 EUR
    [MT] 索赔费,从第11项索赔起,每组最多10项索赔
    104 EUR
    [MT] 出版费(赠款)
    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
    [MT] 年费:
    [MT] 为第六年
    104 EUR
    [MT] 为第7年
    208 EUR
    [MT] 为第8年
    313 EUR
    [MT] 为第9年
    417 EUR
    [MT] － 第十年
    522 EUR
    [MT] 为第11年
    626 EUR
    [MT] 12年的
    731 EUR
    [MT] 为第13年
    835 EUR
    [MT] 为第14年
    940 EUR
    [MT] － 第15年
    1,044 EUR
    [MT] 为第16年
    1,148 EUR
    [MT] 为第17年
    1,253 EUR
    [MT] 为第18年
    1,357 EUR
    [MT] 为第19年
    1,566 EUR
    [MT] 第二十年
    1,775 EUR
    [MT] 恢复优先权的费用,包括文件费 ( Schriftengebühr )
    269 EUR
    [MT] 恢复原状的程序费,包括文件费 ( Schriftengebühr )
    269 EUR
    [MT] 上诉费(维也纳高等地区法院 )
    355 EUR
    [MT] 实用新型
    [MT] 国家阶段的参赛费
    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
    [MT] 文件费(Schriftengebühr )
    74 EUR
    [MT] 查询费,包括10项权利要求
    156 EUR
    [MT] 索赔费,从第11项索赔起,每组最多10项索赔
    104 EUR
    [MT] 出版费(赠款)
    135 EUR
    [MT] 加速出版和登记补充
    52 EUR
    [MT] 年费:
    Instead of paying annual fees, a single fee of 376 EUR may be paid for the 4th to 6th years and 1,410 EUR for the 7th to the 10th years, which results in savings for the applicant
    [MT] 为第四年
    52 EUR
    [MT] 为第五年
    104 EUR
    [MT] 为第六年
    261 EUR
    — for the 7th year
    313 EUR
    — for the 8 th year
    365 EUR
    — for the 9th year
    417 EUR
    — for the 10th 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
    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
    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
    Current version applicable from 2026年1月1日 , printed on 2026年2月14日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00