What is the patent application process in Austria?

The main laws of the current patent system in Austria are the Patent Law 1970 and the Utility Model Law. "1Federal Industrial Design Protection Act of June 7, 990" * * * is the same as protection and specification. The classification of Austrian patents is similar to that of China, which can be divided into invention patents, utility model patents and design patents. Among them, the protection period of the invention patent is 20 years; The protection period of the utility model is 10 year; The protection period of the design is 5 years from the date of application, which can be extended for 4 times, each time for 5 years. The language for accepting patent applications is German. The basic documents required for Austria's application can also be applied in English and French, but the German translation must be submitted within two months after the notification of the Patent Office.

Austrian patent application examination system

1. Invention patent

Austria implements the substantive examination system for invention patent applications, but it is different from China. The substantive examination procedure will be conducted automatically after the application is submitted, and there is no need to apply separately, mainly to examine whether the novelty, creativity and practicality of the application meet the authorization conditions; Before the substantive examination, the Austrian Patent Office will first make a search report, listing the invention patents that need to be considered in the examination and approval process; Usually within 9 months after the application date, the Patent Office will issue a search report and a notice containing the examiner's opinions. In case of emergency, you can also contact the examiner directly to speed up the review. The application date or priority date will be published in 18 months. If the search report has been published, it will be made public together. Objections can be raised within four months after publication.

Before the application is approved or rejected, the application for a patent for invention can be converted into an application for utility model, but it cannot be converted again after the conversion, and can only be converted into an Austrian national application; A patent for utility model can also be converted into an application for a patent for invention, provided that the investigation report is submitted within two months.

2. utility model

Austrian utility model only needs formal examination and retrieval report, and the basic documents, such as instructions, claims and drawings, need to be in German.

Step 3 design

The Austrian authorities will conduct formal examination within two months after receiving the application, and reject the application that obviously does not meet the substantive conditions, but will not conduct strict retrieval and substantive examination. The design application that meets the examination requirements after examination shall be made public and authorized in the appearance bulletin within three months.

Austrian patent application channel

1. Invention patent

There are two ways for China to apply for a patent in Austria, namely **4 ways:

(1) PCT pathway

The country's PCT application;

PCT designates EPO to apply for designated country.

(2) Paris Convention method

The country's application;

The European Patent Office applied for designation of a country.

2. Use new patents

The way this country applies for a patent for utility model is the Paris Convention.

3. Design patents

There are two ways for China to apply for a design patent in Austria, * * *:

(1) Paris convention route: national application.

(2)OHIM pathway: European Physical Appearance (RCD).