| Step number | Step corresponding information |
| step 1 | Invention: If you have found a new technical solution for a technical problem you may have an invention. In order to have a basis for the commercial use you should protect it through a patent or a utility model. Please note that a simple idea cannot be protected. The invention must be completely worked out – at least on paper. |
| step 2 | Application: The application shall contain:
Using the application form PA 1 is highly recommended. Please note that you must describe your invention so precisely in the application that the average specialist in the field could make the invention only on the basis of your description. |
| step 3 | Filing: An application may be submitted by delivering it to the office, by putting it into the office´s post box, onlince (but not by e-mail!), by post or by fax (Fax No.: +43 (1) 53424 535). If you have neither a residence nor a branch office in Austria you must be represented by a legal professional authorized for representation in Austria (patent attorney, attorney or notary). If your residence is within the European Economic Area or the Swiss Confederation the appointment of an authorized recipient with a residence in Austrian is sufficient. |
| step 4 | Examination: After you have applied for a patent for your invention a search report to retrieve the relevant state of the art will be issued and your application will be examined formally. You will receive the result of the search and examination in writing and may respond to it. If deficiencies are not eliminated in spite of request or if your invention cannot be patented your application will be rejected. |
| step 5 | Publication: 18 months after the date of filing or the priority date, if applicable, your application will be published together with a search report. From the date of publication you have provisional protection of your invention provided that the application leads to the granting of a patent (i.e. no opposition filed). |
| step 6 | Granting of the patent: If the invention is patentable the patent will be granted. Your patent is entered in the patent register, published on the electronic publication server and in the Patent Gazette and a patent certificate issued. Once the patent is granted you have a full monopoly right on the commercial use of the invention. |
Defensive Actions
Opposition
Who can file an opposition against my patent?
Everybody can file an opposition; grounds for opposition:
- missing novelty;
- missing or insufficient disclosure;
- patented subject-matter exceeds the content of the original application.
Can I file an opposition against someone else’s patent?
Yes, upon existence of a ground for opposition.
Are there specific deadlines/timeframes which I have to observe in connection with opposition proceedings?
An opposition can be filed within 4 months from the day of publication of the grant of the patent.
Who will take a decision on the opposition?
The respective technical department of the Austrian Patent Office decides on the opposition.
Nullity Action (declaration of invalidity)
Who can file an application for declaration of invalidity of my patent?
Everybody can file an application for declaration of invalidity; grounds for declaration of invalidity:
- missing novelty;
- missing or insufficient disclosure;
- patented subject-matter exceeds the content of the original application.
Can I file an application for declaration of invalidity of someone else’s patent?
Yes, upon existence of a ground for declaration of invalidity.
Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?
An application for declaration of invalidity can be filed during the whole term of the patent. Once a patent is declared invalid it is deemed to never have been granted.
Proactive Measures
Action for damages
Customs Seizure
What does customs seizure mean?
Custom seizure constitutes an instrument to combat counterfeiting or product piracy by preventing import, export and transit of goods, which infringe an intellectual property right.
How to proceed
What initial steps are necessary?
To initialize proceedings an application has to be filed at the Customs Competence Center in Villach.
Signpost
A colour icon describes the complexity of each question as follows:
Low
Medium
High
| Step | Fees (€) | Comments | ||
| Standard procedure | Application fee | 0 | ||
| Search fee | 342 | |||
| Grant fee | 208 | Should the document exceed 15 pages: plus € 135 from 16th page for eacht 15 pages. | ||
| Optionals steps | Standard procedure | Additionnal claim | 104 | |
| Procedure with reduced fees | Additionnal claim | 0 | ||
| Year | Standard fees (€) | Reduced fees (€) | Comments |
| 6 | 104 | ||
| 7 | 208 | ||
| 8 | 313 | ||
| 9 | 417 | ||
| 10 | 522 | ||
| 11 | 626 | ||
| 12 | 731 | ||
| 13 | 835 | ||
| 14 | 940 | ||
| 15 | 1044 | ||
| 16 | 1148 | ||
| 17 | 1253 | ||
| 18 | 1357 | ||
| 19 | 1566 | ||
| 20 | 1775 |
Information about renewal
To keep the patent valid annual fees must be paid after the patent is granted beginning with the 6th year and each following year in advance. The due date for annual fees is determined by the application date of the patent. Annual fees are due each year on the last day of the application month.
The fee may be paid 3 months before the payment is due or within six month from the due date – in the latter case together with surcharge of 20 % of the respective amount.
Example 1:
The application for the patent was submitted on January 17, 2003 and granted on July 2, 2009. The due date for the payment of the annual fee is January 31.
Therefore, the first annual fee payment is due on January 31, 2010. In this case the 8th annual fee has to be paid.
If the application process lasts longer only the annual fees for the years following the granting of the patent must be paid.
Example 2:
The application for the patent was submitted on January 17, 2007 and granted on September 16, 2009. The due date for the payment of the annual fee is January 31.
Therefore, the first annual fee payment is due on January 31, 2012. It is the 6th annual fee that must be paid.
Special case: The first annual fee that must be paid to the Patent Office can be paid up to a maximum of 6 months after the due date without a 20% surcharge for payments made after the due date.