Austrian invention patent application authorization and annual fee instructions

• 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.

• 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).

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

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

ATPO only conducts formality examination of design patent applications.

• Authorization Fee: None
• Annuity: After granted, it will be paid year by year from the 4th 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. The first annual fee (i.e. the 4th year) can be paid within 6 months of the late payment period without paying the penalty. It can also be paid every three years in the 4th to 6th year, and in the 7th to 10th year.

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.

yes

11 months. If an expedited request is made, granted can be obtained in about 3-4 months.