Patent Filing Austria

The Republic of Austria is a member of the Patent Cooperation Treaty (PCT) and provides a well-established national phase entry system for international applicants seeking patent protection within its jurisdiction. Patent rights in Austria are administered by the Austrian Patent Office (Österreichisches Patentamt) under the Austrian Patent Act. Entering the national phase in Austria transforms an international PCT application into a national Austrian patent filing subject to local requirements, translation obligations, and examination procedures.

Austria patent search system is recognized for its structured, predictable examination process and strong enforceability through civil courts and specialized IP chambers. A granted Austrian patent provides exclusive rights enforceable in one of Europe’s most stable and innovation-supportive jurisdictions. Austria’s economy has active technology sectors, including engineering, pharmaceuticals, biotechnology, electronics, renewable energy, manufacturing, construction technologies, and medical devices — making it a strategically valuable country for global patent portfolios.

Who is Eligible for Austria Patent Filing

Any applicant who designated Austria in a PCT application may enter the National Phase Filing. Eligible applicants include:

• Individual inventors
• Austrian corporations
• Foreign corporations and multinational enterprises
• Universities, laboratories, and research institutions
• Startups, SMEs, and spin-offs
• Joint owners and co-applicants
• Legal successors or assignees

Representation Requirement

Foreign applicants must appoint a locally recognized Austrian patent attorney to represent them before the Austrian Patent Office. Only authorized Austrian patent attorneys are permitted to prosecute applications, submit responses, and handle formalities.

Entitlement Requirements

Under Austrian law:

• Inventorship must be accurate and truthful.
• If the applicant is not the inventor, an assignment or entitlement declaration must be provided.
• Corporate applicants must provide their legal name and status correctly.

These entitlement requirements are important for prosecution and later enforceability.

Strict Deadline for Patent Filing Austria – 30 / 31-Month Rule

Austria applies the standard PCT national phase entry deadline of:

31 months from the earliest priority date.

Applicants must complete the national entry by filing the application materials, translations (if applicable), and paying the national fee.

Extensions After the 30 / 31-Month Deadline

Austria does not permit routine extensions beyond 31 months for national phase entry.

Relief may exist in exceptional circumstances under reinstatement principles, but this is discretionary and must be justified as an unintentional failure. Applicants should treat the 31-month deadline as strict and final.

Filing Language for Austria Patent Application

For PCT national phase entry:

• If the application is not in German, a German translation of the specification, claims, abstract, and drawings must be submitted.
• Translations must be accurate and complete.
• Translation errors may negatively affect claim interpretation or enforceability.

Required Documents to get Austrian Patent

A complete national phase application in Austria must include:

1. PCT Application Copy: Automatically transmitted; local attorney may request verification materials.
2. German Translation: Full translation of the specification, claims, abstract, and drawings if the PCT application is not filed in German.
3. National Phase Entry Request: Formal request to enter the Austrian national phase under the PCT Filing.
4. Power of Attorney (POA)

• • Required for foreign applicants.
  • A simple signed copy is generally sufficient.
  • No notarization, legalization, or apostille required unless requested in special circumstances.

5. Assignment (if applicant ≠ inventor)

• • Simple signed assignment is acceptable.
  • No legalization required.

6. Priority Documents: If priority was not transmitted via WIPO, the Austrian Patent Office may request them.
7. Sequence Listings (if applicable): Must be submitted electronically in the prescribed format.

Failure to supply necessary documents within deadlines may result in refusal or loss of filing rights.

Search and Examination Procedure for Austrian Patent

Austria conducts:

Formal Examination

Ensures compliance with filing, language, representation, and documentation requirements.

Substantive Examination

Evaluates:

• Novelty/ Patentability Search
• Inventive step
• Industrial applicability
• Sufficiency of disclosure
• Formal claim structure

Examination begins once the request for examination is filed and the corresponding fees are paid.

Examination Process and Office Actions

During examination, the Austrian Patent Office issues:

Formal Office Actions

Addressing document issues, translation corrections, or procedural requirements.

Substantive Office Actions

Raising objections regarding:

• Prior art (novelty and inventive step)
• Claim clarity
• Insufficient disclosure
• Lack of unity
• Required amendments
  

Applicants must respond within statutory deadlines, providing claim amendments, legal arguments, or technical clarifications as needed.

Multiple rounds of Office Actions may occur depending on the invention’s complexity.

Deadline for Request for Examination

Austrian substantive examination is not automatic.

Applicants must:

• File a request for examination
• Pay the examination fee
• Do so within the prescribed period (typically after national phase entry)

Failure to request examination results in the application being discontinued.

Publication Process and Legal Impact

Austrian patent applications are typically published:

• 18 months from the earliest priority date, or
• Earlier, upon applicant’s request.

Publication:

• Makes the application publicly accessible
• Establishes the disclosure as prior art
• Signals claim intentions to competitors

However, publication does not grant enforceable rights until the patent is granted.

Grant Process and Enforceability

When all examination issues are resolved:

1. A Notice of Allowance is issued.
2. The applicant pays the grant and publication fees.
3. The granted patent is published in the Austrian Patent Gazette.

A granted Austrian patent provides:

• Only patent owner has control over making using selling and importing the invention
• Right to enforce through Austrian civil courts
• Possibility of injunctions, damages, destruction of infringing goods, and customs enforcement.

Austria has strong judicial enforcement, making its patents commercially valuable.\

Patent Validity Term

The term of an Austrian patent is:

20 years from the international (PCT) filing date.

Typical Time to Obtain a Patent in Austria

Average timeline:

• 2.5 to 4 years under standard examination
• Faster timelines possible for well-prepared, non-complex cases
• Delays may occur depending on Office workload and applicant responses

Annuities and Maintenance Procedure

Austrian patents require:

• Annual renewal fees starting from year 2
• Payment by the end of the month of the filing anniversary
• Grace period available with a surcharge

Non-payment leads to lapse of the patent.

Official Government Fees for Patent Filing in Austria

Filing & National Phase Entry Fees

Austria Patent Search & Examination Fees

Grant & Publication Fees

Utility Model Protection in Austria

Austria offers utility model protection, which:

• Provides quicker protection with simplified examination
• Has a shorter term (typically 10 years)
• Is ideal for incremental innovations or mechanical devices
• Allows applicants to convert a patent application to a utility model
  

This can be a valuable strategy for fast market entry.

Official Austrian Patent Office & Official Website

Official Website: Austrian Patent Office

With AnalystIP, applicants secure strong, enforceable, and commercially significant patent protection in Austria, one of Europe’s most stable and strategically important patent jurisdictions.