PATENT FILING IN AUSTRIA

Austria joined WIPO in 1973. It is also part of several International Intellectual Property Conventions, including the European Patent Convention, and the Universal Copyright Convention. Austria provides a streamlined process of patent applications through the Patent Prosecution Highway (PPH) which reduces the average processing time of patent applications. With the vision of encouraging global patent filings, Austria is also participating in the Global Patent Prosecution Highway (GPPH) pilot program, launched in January 2014. One key advantage of filing a patent application in Austria is that it does not charge any annuity until the grant of the patent. With these initiatives from the Austrian Government, GPF is dedicated to providing one-stop solutions for all requirements of patent filings. GPF can assist in efficiently and promptly filing patent applications using accurate translations. 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
$ 622
Attorney Fee
$ 950
Translation Fee
USD 10 per 100 words
Total
$ 60 and USD 10 per 100 words
Documents Required
  • Power of Attorney.
  • Declaration to be submitted by the Applicant/Inventor.
  • PCT Application Details / Priority Application Details.
  • Fee Correspondence document.
  • Translation.
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 the priority date.

5
STEP 5 : GRANT
  • Annuity for the 6th year onwards is to be paid after grant of the Patent. Protection of the Patent is for 20 years from the International Filing Date.