PATENT FILING IN AUSTRIA

Austria joined WIPO in 1973. It is also the part of several international property conventions, including the European Patent Convention, and the Universal Copyright Convention. Austria provides the streamlined process of patent applications through Patent Prosecution Highway (PPH) which reduces the average processing time of the patent applications. With the vision of encouragement of patent filings across the globe, Austria is also participating in the Global Patent Prosecution Highway (GPPH) pilot program, which started in January 2014. One of the key advantage of filing a patent application in Austria is that it doesn’t charge any annuity until the grant of the patent. With these initiatives from the Austrian government, GPF is dedicated in providing the one stop solution of all the requirements of patent filings. GPF can assist in efficiently and promptly, using accurate translations, filing patent applications. GPF along with Khurana and Khurana, Advocates and IP Attorneys  (K&K) has tremendous experience in dealing with Patent Filing/Prosecution as per Austrian Patent Laws, and can assist in hand-holding through the complete prosecution lifecycle of a Patent.

High Level Cost Estimate for Filing
Description
Price
Official Fee
€ 52
Attorney Fee
€ 500
Translation Fee
AS APPLICABLE
Total
€ 552 + APPLICABLE TRANSLATION FEE
Documents Required
  • Details of PCT application in German.
  • Power of Attorney.
Filing to Grant Procedure
1
STEP 1 : FILING

A patent can be filed in Austria as any of the following formats in German translation:

  • Paris convention based national entry.

  • PCT national phase based national entry.

2
STEP 2 : EXAMINATION

Examination is conducted automatically.

3
STEP 3 : PROSECUTION

At the time of examination, the Patent Office will issue the Examination Report (FER) / Office Action with a set of objections/requirements response to which must be filed within 4 months from the date of issue of the FER.

4
STEP 4 : PUBLICATION

Publication of Austrian patents is done within 18 months of priority date.

5
STEP 5 : GRANT

Annuity for 6’th year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.