Austrian Patent

Patents protect technical inventions which are novel, involve an inventive step and are susceptible to industrial application.

The owner of a patent can exclude any other person or entity from using, manufacturing, advertising, trading or selling the invention. He can also exclude others from importing the invention into Austria, or even owning it, for this purpose.

Upon filing a patent application, the priority date of an earlier application filed not more than 12 months in advance, can be claimed. The earlier application can be, for example, an Austrian patent or utility model application, a European patent application, or an international patent application.

Patents have a duration of 20 years calculated from the date of filing, whereby annual renewal fees (annuities) will have to be paid. The first annuity for an Austrian patent is due in the sixth year after the date of filing.

Patents can be filed at the Austrian Patent Office in German language, but also in English language. An official search report will be drawn up, even if the application is in English language. After transmittal of the search report, the application has to be translated into the German language, though.

© 2020 Puchberger & Partner Patentanwälte |