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 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.
Filing Language: German Necessary documents:
- Exterior Design Picture (Six Views)
- A Brief Description
Attachments (if any):
- Power of Attorney
- Certified Priority Document
- Declaration of Ownership/Certification of Employment/Assignment of priority
- Assignment for Patent Right Transfer
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian patent search for inventions: National Patents Search (patentamt.at)
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.
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.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.
20 years. Patented medicines and plant protection new varieties can obtain an additional 5-year renewal period, and children's medicines can obtain an additional half-year patent protection period.
A novelty grace period of 6 months prior to the filing date/priority date may be granted if the invention is disclosed as a result of apparent misuse by the applicant or its former right holders, or if the invention is exhibited at an official or officially recognized exhibition.
A novelty grace period of 6 months prior to the filing date/priority date may be granted if the invention is disclosed as a result of apparent misuse by the applicant or its former right holders, or if the invention is exhibited at an official or officially recognized exhibition.
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.