Novelty grace period for utility model applications in Austria

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.

2 years

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian Utility Model Patent Search: National Patents Search (patentamt.at)

• 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.

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.

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

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

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