Features of Austrian design patent application process

Reinstatement of priority on grounds of "due care" and "unintentional/due care" accepted.

ATPO conducts formality examination only for utility model patent applications. Although ATPO searches utility model patent applications, the search results do not affect the grant results. The applicant may amend the patent application after receiving the search report.

no

Austrian Patent Office

English: Austrian Patent Office, abbreviation: ATPO

Website: Home | Das Österreichische Patentamt

Austrian Utility Model Patent Search: National Patents Search (patentamt.at)

yes. If multiple designs have at least one of the same category, a maximum of 50 designs can be included in one design.

A novelty grace period of 6 months prior to the filing date/priority date may be granted if the invention is disclosed as a result of apparent misuse by the applicant or its former right holders, or if the invention is exhibited at an official or officially recognized exhibition.

1 month

yes. Prior to patent grant/rejection, the patent type can be converted from utility model to invention at the request of the applicant. Can only be converted once.

• via Paris Convention : 6 months from earliest priority date.
• EU route: 6 months from earliest priority date.
• Hague Agreement route: 6 months from earliest priority date.