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.
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian Utility Model Patent Search: National Patents Search (patentamt.at)
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.
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.
2 years
yes. If multiple designs have at least one of the same category, a maximum of 50 designs can be included in one design.
1 month
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.
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.
Austrian Patent Office
English: Austrian Patent Office, abbreviation: ATPO
Website: Home | Das Österreichische Patentamt
Austrian patent search for inventions: National Patents Search (patentamt.at)
Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.