General information and application procedure
There are certain conditions that must be met when applying for a patent to protect a product in Austria or internationally.
These rules apply to all Austrian entrepreneurs.
If the product’s market extends beyond Austria, it is worth obtaining additional international protection for the invention. This step must be taken within one year of filing the application in Austria. An additional patent application can also be filed in any country desired; this can be laborious, however, as requirements differ greatly from country to country.
In both cases (European and international patents), the invention can either be filed directly with the European Patent Office (EPO) or with the World Intellectual Property Organization (WIPO). Alternatively, a national patent can first be filed in Austria, before a European or international patent is then filed. However, this kind of application must be filed within the priority year (the twelve months following the filing date in Austria) in order for the invention to be processed in time as a first filing in these additional countries.
There is no such thing as a "global patent".
A patent may be filed independently, i.e. without representation, provided that the place of residence or a branch office is located in Austria. However, if neither the place of residence nor a branch office is located in Austria, a professional representative, duly authorised to provide representation in Austria (patent lawyer or law firm or notary's office), must be appointed. If the place of residence or a branch office is located in the European Economic Area (EEA) or Switzerland, an Austrian address for service is sufficient.
Österreichisches Patentamt (Austrian Patent Office)
Dresdner Straße 87
Tel. +43 1 53424
- By post
- Reception/drop box
- Fax: +43 1 53424 - 535
- Online: Austrian Patent Office (→ ÖPA)German text
Applications cannot be filed by e-mail.
- Austrian Patent Office (→ ÖPA)German text
- European Patent Office (→ EPO)German text
- World Intellectual Property Organization (→ WIPO)
responsible for content: USP Editorial Staff