Patent Filing in Austria
File your PCT national phase application in Austria with the Austrian Patent Office through AnalystIP, within 30 months from the priority date. Every requirement below is taken from the WIPO PCT Applicant's Guide and kept up to date by our team.
When is your national phase deadline in Austria?
Enter the earliest priority date of your PCT application (or the international filing date if there is no priority).
Patent filing in Austria: key facts
Reinstatement of rights (Rule 49.6) available where the time limit was missed despite due care or due to an unforeseeable or unavoidable event; fee 269 EUR
No national phase entry fee is payable if the international application was filed with the Austrian Patent Office as receiving Office (deemed paid with the…
20 years from the international filing date
Official fees for patent filing in Austria
Filing in several countries? Compare fees with other countries →
Standard official fees (general)
From the WIPO PCT Applicant's Guide, updated March 20, 2026. Amounts in EUR. Your exact fees depend on your application: use the calculator above.
| Fee | Amount | Notes |
|---|---|---|
| Patents: Fee for entry into the national phase | EUR 52 | |
| Patents: Document fee (Schriftengebühr) | EUR 74 | |
| Patents: Search and examination fee, including 10 claims | EUR 292 | |
| Patents: Claims fee, from the 11th claim, for each group of up to 10 claims | EUR 104 | |
| Utility models: Fee for entry into the national phase | EUR 52 | |
| Utility models: Document fee (Schriftengebühr) | EUR 74 | |
| Utility models: Search fee, including 10 claims | EUR 156 | |
| Utility models: Claims fee, from the 11th claim, for each group of up to 10 claims | EUR 104 | |
| Reinstatement of rights fee | EUR 269 |
Fee reductions: No national phase entry fee is payable if the international application was filed with the Austrian Patent Office as receiving Office (deemed paid with the transmittal fee). No reduced national fees for natural persons/small entities listed.
National phase entry requirements
Time limit
30 months from the priority date (Article 22(1) and Article 39(1)(a); same for Chapter I and II)
Also available through the European Patent Office (31 months).
Translation
Under Article 22: description, claims (if amended, both as originally filed and as amended, plus any Article 19 statement), text matter of drawings, abstract. Under Article 39(1): description, claims, text matter of drawings, abstract; if amended, both as originally filed and as amended by the annexes to the IPER. Due within the Article 22 or 39(1) time limit.
Late entry and reinstatement
Reinstatement of rights (Rule 49.6) available where the time limit was missed despite due care or due to an unforeseeable or unavoidable event; fee 269 EUR
Agent and power of attorney
Not required for applicants resident or with principal place of business in Austria, another EU/EEA state or Switzerland (others must at least name a person with an Austrian address for service). Applicants without residence/business in those areas must be represented by a patent attorney, attorney-at-law or notary entitled to represent parties in Austria. Power of attorney must be filed (professional representatives may refer to their authorisation).
Special requirements of the office
- If the Article 22 or 39(1) requirements are not met within the time limit, the Office will invite compliance within a fixed time limit
- Appointment of a representative / address for service as described under agent requirements
Other information
- Office accepts restoration of priority by the receiving Office (Rule 49ter.1) and accepts requests for restoration (Rule 49ter.2), applying both 'unintentional' and 'due care' criteria
- Colour drawings not accepted under national law
- Copy of the international application not required in particular circumstances
- Utility model may be requested instead of or in addition to a patent; if both, two entry fees are payable
- Fees payable in EUR by bank transfer
- Patent annual fees start in the sixth year; utility model annual fees start in the fourth year
Source: WIPO PCT Applicant's Guide, national chapter, updated March 20, 2026.
Patent filing in Austria: questions
What is the deadline for PCT national phase entry in Austria?
30 months from the earliest priority date.
Can I enter the national phase in Austria after the deadline?
Reinstatement of rights (Rule 49.6) available where the time limit was missed despite due care or due to an unforeseeable or unavoidable event; fee 269 EUR
In which language must the application be filed in Austria?
German. Under Article 22: description, claims (if amended, both as originally filed and as amended, plus any Article 19 statement), text matter of drawings, abstract. Under Article 39(1): description, claims, text matter of drawings, abstract; if amended, both as originally filed and as amended by the annexes to the IPER.
Do I need a local patent attorney in Austria?
Not required for applicants resident or with principal place of business in Austria, another EU/EEA state or Switzerland (others must at least name a person with an Austrian address for service). Applicants without residence/business in those areas must be represented by a patent attorney, attorney-at-law or notary entitled to represent parties in Austria.
Are there official fee reductions in Austria?
No national phase entry fee is payable if the international application was filed with the Austrian Patent Office as receiving Office (deemed paid with the transmittal fee). No reduced national fees for natural persons/small entities listed.
How much does patent filing in Austria cost?
The cost is the official fees of the patent office plus professional fees. The standard official fees from WIPO are listed on this page; the calculator works out the exact official fees for your application (pages, claims, applicant type) after a quick email check, and our team sends a full quote on request.
File in Austria with AnalystIP
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