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 commercial use you should protect it through a patent or utility model. Please note that a simple idea cannot be protected. If you need the right as quickly as possible, you are not interested in a long, drawn out process for obtaining a patent or the inventive effort is not sufficient for a patent then the utility model is your protection right of choice. |
step 2 | Application: The application shall contain:
Using the application form GM 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, online (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 Austria is sufficient. |
step 4 | Procedure: Any utility model application is subject to an examination of conformity with the law. If there are no objections against the publication and the registration of the utility model, the Patent Office will provide the search report which will indicate the documents that can be taken into account to assess novelty and inventive step. Please note that there is no examination for novelty or inventive step during the application procedure – this means that you can get your utility model by paying the relevant fees even if the search report casts doubt on novelty or inventive step. |
step 5 | Registration/Publication: It usually takes about 11+ months for a utility model to be entered in the utility model register, the utility model specification to be published in the Utility Model Gazette as well as on the electronic publication server and a utility model certificate to be issued. From the date of publication you have a full monopoly right on the commercial use of the invention. Option: You can apply for an accelerated registration by paying an additional fee. In this case the application is immediately registered after a positive examination of conformity with the law and a utility model specification published. The search report is issued and published later on. |
Defensive Actions
Declaration of nullity
Who can file an action for declaration of nullity of my utility model?
Everybody can file such an action; grounds for declaration of nullity:
- missing novelty;
- missing or insufficient disclosure;
- protected subject-matter exceeds the content of the original application.
Can I file an action for declaration of nullity of someone else’s utility model?
Yes, upon existence of a ground for declaration of nullity.
Are there specific deadlines/timeframes which I have to observe in connection with a request for declaration of nullity/declaration of nullity proceedings?
The action can be filed during the whole term of the utility model.
Who will take a decision on the declaration of nullity?
The Austrian Patent Office/Nullity department
What signpost exists?
http://www.patentamt.at/Erfindungsschutz/Schutzrechte/Gebrauchsmuster/
Technical information service: 0043-1-53424-76
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.
A colour icon describes the complexity of each question as follows:
Low
Medium
High
Step | Fees (€) | Comments | |
Standard procedure | Application fee | <206 | Should the application contain more than 10 claims: plus € 104 for further 10 claims After submitting a new application the applicant or his/her represantative is notified of the file number: only then may the fee be deposited or transferred by indicating the file number, the kind of right and intended purpose (e.g. application fee). |
Publication fee | 135 |
Year | Standard fees (€) | Reduced fees (€) | Comments |
4 | 52 | ||
5 | 104 | ||
6 | 261 | ||
7 | 313 | ||
8 | 365 | ||
9 | 417 | ||
10 | 470 |
To keep a utility model valid an annual fee must be paid after registration beginning with the 4th year and each following year in advance. The due date for annual fees is determined by the application date of the utility model (= last day of the month of application).
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. Otherwise the utility model expires.
Example 1:
The application for the utility model was submitted on January 17, 2005 and registered on July 15, 2005. The due date for the payment of the annual fee is January 31. The first annual fee payment is due to the Austrian Patent Office on January 31, 2008 (subsequent annual fees are each due on January 31 of the following years). It is the 4th annual fee that must be paid.
Example 2:
The application for the utility model was submitted on July 14, 2004 and registered on September 15, 2009. The due date for the payment of the annual fee is July 31.
The first annual fee payment is due to the Austrian Patent Office on July 31, 2010 (subsequent annual fees are each due on July 31 of the following years).
It is the 7rd annual fee that must be paid.
If the application process lasts longer, then only those annual fees for the years following the granting must be paid.