What are the requirements for the Austrian invention patent application documents

Submitted by 页之码 on

Filing Language: German

via Paris Convention via Nationalization of PCT

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Certificate of Deposit of Microorganisms and its German Translation
  3. Certificate of Microbiological Survival and its German Translation
  4. Power of Attorney
  5. Scanned Copy of Certified Priority Document / DAS
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. Notification issued by CNIPA notify the applicant the application has passed through the security review

Attachments (if any)

  1. WIPO Publication
  2. ISR/IPRP
  3. Entry into the Austrian national phase 19/28/34/41 amended
  4. Sequence Listing (PDF format and TXT format)
  5. Certificate of Deposit of Microorganisms and its German Translation
  6. Certificate of Microbiological Survival and its German Translation
  7. Declaration of Ownership/Certification of Employment/Assignment of priority
  8. Assignment for Patent Right Transfer

专利申请流程

  • 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.

  • Filing Language: German

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. Certified Priority Document
    3. Declaration of Ownership/Certification of Employment/Assignment of priority
    4. Assignment for Patent Right Transfer
  • 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.

    • via Paris Convention : 6 months from earliest priority date.
    • EU route: 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.
  • 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.

  • 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.

  • Filing Language: German

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Certificate of Deposit of Microorganisms and its German Translation
    3. Certificate of Microbiological Survival and its German Translation
    4. Power of Attorney
    5. Scanned Copy of Certified Priority Document / DAS
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Austrian national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Certificate of Deposit of Microorganisms and its German Translation
    6. Certificate of Microbiological Survival and its German Translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer
  • 1 month

  • no

  • 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.