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VI. Renewal fees

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National Law - Table of Contents    
VI. Renewal fees Previous chapter Next chapter
Introduction Abbreviations I. National legal basis II. Filing patent applications IIIA. Rights conferred by a European patent application IIIB. Translations for obtaining provisional protection IV. Translation requirements after grant V. Authentic text of European patent application VI. Payment of renewal fees VII. Conversion of European patent applications VIII. Payment of fees IX. Registering a transfer, licences and other rights in the national patent register X. Miscellaneous
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Contracting State

Austria

Legal basis for levying renewal fees

§ 9 LPOF

Enquiries re renewal fees:

Accounts:

Tel. (+ 43 1) 5 34 24-170 or 169

Fax (+ 43 1) 5 34 24-192

Enquiries re patent register:

Tel. (+ 43 1) 5 34 24-241

Fax (+ 43 1) 5 34 24-535

1 Amount of fees

Year

EUR

Year

EUR

3rd

70

12th

500

4th

150

13th

850

5th

150

14th

850

6th

150

15th

850

7th

270

16th

1 400

8th

270

17th

1 400

9th

270

18th

1 400

10th

500

19th

1 400

11th

500

20th

1 400

 

plus any charges levied by banks

 

§§ 6(2), 9(2) LPOF

2

(a) Due date (in the patent year concerned)

(b) Time limit for payment (without surcharge)*

(a) last day of the month in which the date of filing occurred

(b) for the first fee to be paid: 3 months from due date; subsequent fees must be paid by due date

 

§ 9(3) – (5) LPOF

3

Period of grace for payment of fees (with surcharge)

(a) duration

(b) surcharge

(a) fee for 1st year: beginning of 4th up to end of 12th month from due date;

fees for further years: beginning of 1st up to end of 6th month from due date

(b) 20%

 

§ 9(4), (5) LPOF

4

Communication of a reminder in cases of non-payment

(a) provided for

(b) date of despatch

(a) Yes, but not mandatory

(b) approximately 1 month after due date in the event of non- or insufficient payment, but requests for payment are not sent abroad

 

(“Österreichisches Patentblatt” No.1/1982, p. 28)

5

Restitutio in integrum

(a) provided for

(b) time limit for submitting application

(a) Yes

(b) 2 months after removal of obstacle; not later than 12 months after expiry of non-observed time limit

 

§ 24 ILPT

§§ 129 et seq. PA

6

Appointment of a national professional representative for

(a) payment of fees

(b) communication of a reminder of non-payment

(c) proceedings in respect of restitutio in integrum

(a) No

(b) No

(c) Yes

 

§ 27(1) LPOF

§ 24 ILPT

§ 21(4) PA

7 Information regarding lapse of patent in cases of non-payment of renewal fees

Entry in Register of Patents

Publication in Patent Bulletin

 

§§ 46, 79, 80 PA


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