Patents in Austria

What are the types of patents in Austria?

Austria operates a dual patent system, offering inventors both national and European routes to patent protection:

• Austrian National Patents: Granted by the Austrian Patent Office (Österreichisches Patentamt) for inventions that are new, involve an inventive step, and are industrially applicable. National patents provide protection exclusively within Austria for up to 20 years from the filing date, subject to payment of annual renewal fees.
• European Patents (EPC): Austria is a member of the European Patent Convention. Applicants can file a single European patent application via the European Patent Office (EPO) and designate Austria as a protected country. Once granted, the European patent must be validated in Austria within three months and translated into German to be enforceable.
• Utility Models (Gebrauchsmuster): Austria recognises utility models as a “petty patent” offering shorter-term protection (up to 10 years) with a faster grant process and less rigorous inventive step requirements. They are well-suited for incremental innovations and mechanical inventions.
• PCT International Patents: Austria is a member of the Patent Cooperation Treaty, allowing inventors to file a single international application that covers Austria and up to 150+ countries simultaneously.

What is the criteria for patentability in Austria?

Under the Austrian Patent Act (Patentgesetz 1970), an invention must satisfy three core requirements to be patentable:

• Novelty: The invention must not form part of the state of the art — it must not have been publicly disclosed anywhere in the world before the filing date.
• Inventive Step: The invention must not be obvious to a person skilled in the relevant technical field, considering the state of the art at the time of filing.
• Industrial Applicability: The invention must be capable of being made or used in any kind of industry, including agriculture.

Scientific theories, mathematical methods, aesthetic creations, mental acts, and computer programs as such are excluded from patent protection in Austria.

What is the patent application process in Austria?

Filing a patent in Austria involves the following steps:

1. Prior Art Search: Conduct a thorough search of existing patents and publications to confirm novelty before investing in the application process.
2. File Application: Submit the application to the Austrian Patent Office (Österreichisches Patentamt, Dresdner Straße 87, 1200 Vienna) in German, including claims, description, abstract, and any drawings.
3. Formal Examination: The Patent Office checks the application for completeness and formal compliance, typically within 3–6 months of filing.
4. Substantive Examination: A patent examiner conducts a novelty and inventive step search. Austria typically relies on the EPO’s search reports for substantive examination. This phase can take 18–36 months.
5. Publication: The application is published in the Austrian Patent Gazette (Österreichisches Patentblatt) 18 months after the priority date, making it publicly available.
6. Grant and Registration: If all requirements are satisfied and no objections are raised, the patent is granted and published in the Patent Register.

How to renew/maintain a patent in Austria?

Austrian patents must be maintained by paying annual renewal fees to the Austrian Patent Office. Fees begin from the third year and increase progressively each year. Failure to pay by the due date allows a six-month grace period with a 50% surcharge. Non-payment results in lapse of the patent. ipReNewAl monitors all Austrian patent renewal deadlines and handles fee payments, ensuring your IP rights are never unintentionally abandoned.

How much does a patent cost in Austria?

• Filing Fee: Approximately €90 for a standard national application (electronic filing).
• Search Fee: Approximately €250–€350 when requesting an Austrian patent search report.
• Examination Fee: Included in the grant process; additional fees apply for claims exceeding 10.
• Annual Renewal Fees: Range from approximately €50 (year 3) up to €350+ (year 20), totalling approximately €3,000–€4,500 over the full 20-year term.
• Patent Attorney Fees: Professional representation typically adds €2,000–€8,000 depending on complexity.
• Validation of European Patent: Translation into German and validation fees add approximately €500–€1,500.

Trademarks in Austria

How long does it take to obtain a trademark in Austria?

Austrian trademark registration is administered by the Austrian Patent Office. From filing to registration, the process typically takes 4–8 months if no oppositions or objections arise. The application is examined within approximately 3 months, then published for a 3-month opposition period. If no opposition is filed, the mark is registered shortly thereafter. Community Trade Marks via EUIPO covering Austria may take a similar period.

What is the trademark examination process in Austria?

The Austrian Patent Office examines trademark applications on both absolute and relative grounds:

• Absolute Grounds: The mark must be distinctive and not purely descriptive, deceptive, or contrary to public order or morality.
• Relative Grounds: The office searches its register for confusingly similar earlier marks. If conflicts are found, the applicant is notified and may amend the application.
• Publication and Opposition: Accepted applications are published in the Austrian Trademark Gazette. Third parties have 3 months to file an opposition based on earlier rights.

How to renew/maintain a registered trademark in Austria?

Austrian trademarks are initially registered for 10 years from the filing date and can be renewed indefinitely in 10-year increments. Renewal must be requested and the renewal fee paid within the last year of each registration period, with a 6-month grace period available with a surcharge. Trademarks not renewed lapse automatically. ipReNewAl tracks all Austrian trademark renewal deadlines and manages the renewal process on your behalf.

How much does it cost to register a trademark in Austria?

• Application Fee (1 class): Approximately €258 (online filing).
• Additional Classes: Approximately €86 per additional Nice Classification class.
• 10-Year Renewal Fee: Approximately €258 per class.
• Attorney Fees: Professional assistance for preparation and filing typically ranges from €500–€2,000.
• EU Trade Mark (EUIPO): For businesses seeking broader EU protection including Austria, EUIPO filing fees start at €850 for one class, covering all 27 EU member states.

How can ipReNewAl help with your Austrian IP portfolio?

Managing patents and trademarks in Austria requires careful attention to renewal deadlines, filing requirements, and communications with the Austrian Patent Office — all of which must be handled in German. ipReNewAl provides a centralised platform to monitor all your Austrian IP rights, receive deadline alerts well in advance, and instruct renewal payments with a single click. Our team ensures full compliance with Austrian Patent Office requirements, protecting your innovations and brand identity throughout the full life of your registrations.