Novelty grace period for industrial design applications in Austria

yes. Before the patent is granted/rejected, the patent type can be changed from invention to utility model at the request of the applicant. Can only be converted once.

ATPO conducts formality examination only for utility model patent applications. Although ATPO searches utility model patent applications, the search results do not affect the grant results. The applicant may amend the patent application after receiving the search report.

ATPO conducts formality examination and substantive examination of invention patents. The search report will be published together with the patent application within 18 months from the filing date, and the substantive examination will start automatically, and the applicant does not need to file a separate request for substantive examination. It can be authorized if the granted conditions are met.

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian patent search for inventions: National Patents Search (patentamt.at)

1 month

yes

ATPO only conducts formality examination of design patent applications.

2 years

via Paris Convention : 12 months from earliest priority date.

via Nationalization of PCT : 30 months from the earliest priority date.

Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.