Patent regulation in Austria

Austria is a country with a developed economy and a strong focus on investment in research and development (R&D), hence Austria has a large number of related patent applications. Austria is famous for its green and sustainable technologies. Austria has strengths in the production of machinery, industrial equipment and automation. Inventions related to improving production efficiency, reducing costs, and improving product quality are encouraged. Austria is well-known for its green and sustainable technologies and inventions in the fields of wastewater treatment, renewable energy, waste management and energy efficiency that have great potential. With the rise of cybersecurity threats, inventions in the fields of data security, attack detection, and cybercrime prevention are in high demand. In addition, Austria is investing in AI research and development in many fields such as healthcare, transportation, and manufacturing. Inventions that apply AI to solve real-world problems have great potential. IoT (Internet of Things) solutions that connect devices and systems to collect and analyze data are being widely adopted. Inventions in this area can focus on improving efficiency, saving energy, and improving user experience. Therefore, more and more individuals and organizations want to register their inventions in Austria, Viet An Law would like to guide customers through the article below.

Legal Basis

• The Patent Law of 1970 (amended and supplemented to the Federal Law published in Federal Gazette I No. 61/2022 (BGBI. I No. 61/2022))

Definition of an invention in Austria

In Austria, a patent is a geographically limited exclusive right granted for a limited time. It gives patent holders the sole right to manufacture, sell, or use their protected invention within Austria. Others are prohibited from performing the above acts without the permission of the patent owner.

Conditions for registering a patent in Austria

• Patentee: The invention must be a new technical solution to a problem. It must be in the field of technology and not excluded from patentability (e.g., scientific theory, mathematical methods, discoveries, etc.).
• Novelty: The invention must be new, which means that it has not been published anywhere in the world before the date of filing the patent application.
• Innovation: The invention must not be obvious to a person with expertise in the field of engineering. It must involve an innovative step that is not easily deduced from existing technology.
• Industrial Applicability: The invention must be able to be created or used in any type of industry.

Patent search in Austria

Database of the Austrian Patent Office (ÖPA)

ÖPA offers a free online database for lookups called “Register – see.ip”, where users can search for Austrian patents and industrial designs. Users can search by keyword, patent number, applicant name, inventor name, IPC classification, or other criteria. If you want to look up, please visit the website: https://www.patentamt.at/en/patents/apply-for-patents/search

Espacenet

This is a free online database of the European Patent Office (EPO), where users can search for European patents (including those that have been approved in Austria) and PCT applications. The system provides advanced search options and allows users to search for patents in a full way. If you want to look up, please visit the website: https://worldwide.espacenet.com/

Google Patents

Although not exclusive to Austria, Google Patents is a comprehensive database that allows users to search for patents from around the world, including those that have been granted in Austria. Users can visit the following website: https://patents.google.com/

Patent registration dossier in Austria

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Fees for registering a patent in Austria

• Search fee: €180 (paper filing) or €162 (electronic filing)
• Appraisal fee: €386
• Issuance and publication fee: €550
• Annual Maintenance Fee: Gradually increasing from year to year, the marrow belongs to the application to be maintained and starts from the 6th year after filing.

Patent registration in Austria through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Austria.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Office (IB).

If you want to file an application for patent registration in Austria, please contact Viet An Law – IP Firm for the most effective support.