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Period – Patent protection

In Austria, the basic period of patent protection is 20 years. The following options are available during this period:

National patent

Once the patent application has been filed, it is first formally examined. If there are any deficiencies in the application, the applicant is invited, in writing, to remedy these deficiencies. If the invention is not patentable, the application is refused.

Caution

These rules apply to all Austrian entrepreneurs.

The application is published, together with a search report, 18 months after the filing date (or the priority date, where applicable).

The patent is granted once the decision to grant it takes legal effect. Patent protection begins once the patent is registered and published in the Patent Bulletin.

The maximum term of a patent is 20 years from the filing date.

Please note

For further information on national patents, please visit the website of the Austrian Patent Office.

European patent

An EU-patent allowing rights to be enforced throughout the European Union as a whole, does not exist at present. However, the European Patent Office (EPO) offers a single patent granting procedure in up to 38 Contracting States. The decision as to how many and which countries the invention is to be patented in is up to the patent applicant.

Please note

For further information on the European Patent Office, please visit the website of the Austrian Patent Office.

International patent

An international agreement, known as the Patent Cooperation Treaty (PCT), enables a central patent application procedure to be carried out in up to 142 countries. This patent application procedure is managed by the World Intellectual Property Organization (WIPO). The decision as to which countries the patent is to be filed in is up to the patent applicant himself.

An international patent can be filed by:

  • Persons whose place of residence is located in a PCT Contracting State
  • Nationals of a Contracting State
  • Businesses whose registered office is located in a Contracting State.

Tip

In order to first obtain an initial overview, there is the option to carry out your own search. The user-friendly websites DEPATISnet and espacenet are available on the internet for this purpose.

Tip

For further information on international patents, please visit the website of the Austrian Patent Office.


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Translated by the European Commission
last update: 22 May 2020
responsible for content:
  • USP Editorial Staff
  • Austrian Patent Office

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