Austrian patent application




Release time:2016-07-03

I. Classification of patent applications in Austria

Austrian patent applications include utility models, new plant varieties and industrial designs.

(1) Utility model

The longest protection period of invention patents with novel and commercial practical value is ten years. The logic program, the basis of the data processing device program, can also be protected as a utility model and non-patent. The use of the applicant's invention six months before the filing of the application with the Austrian Patent Office does not affect the novelty of the invention. The audit is only for formal requirements, not for their novelty or creative merits. However, adjustments may be made to searches related to prior art as indicated by the scope of protection. If required, the utility model application may be converted into a patent application prior to registration. After the successful registration of the utility model, it may only be subject to the patent invalidation request made by the opponent. international patent application


(2) New varieties of plants

Applicants need to submit an application to the Plant Variety Agency (Federal Institute for Plant Cultivation). Currently, there are only 13 new plant varieties protected. The Federal Minister of Agriculture and Forestry is responsible for appeals against decisions of the Breed Board. All other procedures (invalidation, etc.) need to be filed before the Austrian Patent Office or the Supreme Patent and Trademark Office in accordance with the Plant Variety Act (which is mostly consistent with the Patent Act). international patent application

(3) Industrial design

After registration with the Austrian Patent Office, the maximum protection period for novel and unique designs is 25 years. The Austrian Patent Office only reviews formal requests. The protective effect of the design is similar to that of other patents. A registered design may also be challenged as an invalid request in accordance with normal procedures. international patent application


II: Austrian patent application approval process

After filing, the patent application must be submitted to the Austrian Patent Office for examination. During the review process, a patent application may be converted into a utility model application. After approval, the patent right can be granted. Within four months from the date of the grant of the patent right, the opponent may appeal. If he is not satisfied with the result of the lawsuit, he may appeal first to the revision department of the Patent Office, followed by the Supreme Patent and Trademark Office. The patent application may be published 18 months after the filing date of the application or the patent priority date, and may be accompanied by an investigation report. Moreover, the Austrian Patent Office may make a declaratory declaration regardless of whether a particular patent contains a process or thing in part or in whole. In addition, there may be lawsuits for claims of reliance, lack of copyright, abstract fraud, and compulsory licensing. Within one year from the date of application, any patent filed for the first time in Austria may also be filed in other countries of the world, and at the same time may also enjoy the priority of the first application in Austria. international patent application


Three: Austrian patent application protection period

(1) Austria stipulates that the protection period of a patent is 20 years from the date of application. During this period, the opponent may challenge the validity of the patent. The patent owner may appeal to the Supreme Patent and Trademark Office to reject the patent invalidity decision.

(2) The protection period of the utility model is ten years. international patent application

(3) After registration with the Austrian Patent Office, the maximum period of protection for novel and unique designs is 25 years. international patent application