If within 12 months before the filing of the design patent application, due to the disclosure of the designer or its former right holder, the novelty grace period can be enjoyed.
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.
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.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.
- 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.
yes
- Authorization Fee: None
- Annuity: After the granted, it will be paid year by year from the 6th year from the date of application, and should be paid within 3 months before the date of application each year. If the annual fee is overdue, the payment can be postponed within a grace period of 6 months, but a surcharge of 20% is required. There is no late fee for the first three months of the late payment period for the first annual fee (i.e. the sixth year).
1 month
yes. Prior to patent grant/rejection, the patent type can be converted from utility model to invention at the request of the applicant. Can only be converted once.
yes
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian patent search for inventions: National Patents Search (patentamt.at)