Contracting state

Austria

1

Contracting state to the London Agree­ment on the application of Art. 65 EPC?

 

No

2

Translation requirements

 

A translation of the patent specification into German must be supplied under the conditions provided for in Art. 65(1) EPC.


§ 5(1) ILPT

3

Must a national professional representative be appointed?

 

Yes; attorney at law, patent attorney or notary authorised to represent parties on a professional basis in Austria.

However, if the residence or place of business is in the EEA, a person authorised to accept service who is a resident of Austria may be appointed instead.

(The requirement that the appointed person be resident in Austria can be waived in certain cases.)


§ 24 ILPT
§ 21(4) PA

4

Period for filing the translation

 

3 months after the date on which the mention of the grant or the decision to maintain the patent as amended or limited is published in the European Patent Bulletin


§ 5(1), (2) ILPT

5

(a) Special fee payable?

(b) If so, when due?

 

(a) EUR 186 (including EUR 30 document fees) plus EUR 135 for every 15 pages following the 16th page of the translation

For sequence listings forming a separate part of the translated description, the fee is charged for up to a maximum of 400 pages.

Fee reduced by EUR 20 for electronic filing.

(b) Within period pursuant to section 4


§ 5(1) ILPT
§§ 8, 8a, 27(2) LPOF

6

(a) Must a form be used?

(b) No. of copies to be filed

 

(a) No.

Electronic filing permitted.

(b) 1


§ 1(2) POR and notice in PBl. 2019, No. S 1 as amended in PBl. 2019, No. 5

7

Manner and form in which the translation is made available to the public

 

Publication of the trans­lation and any corrections

Mention of the published printed patent document and of any corrections in the patent bulletin


§§ 5(1), 6(2)-(4) ILPT

8

Correction of translation

(a) permitted?

(b) Special fee payable?

 

(a) Yes

(b) Yes, see section 5(a)


§ 6(2) ILPT
§§ 8, 8a, 27(2) LPOF

9

Special features

 

The publication fee is deemed to have been paid only when proof of payment has duly been provided.

The translation must be accompanied by a copy of the drawings in the EP specification even where there is no textual matter.


§ 30 LPOF
§ 8(5) POR

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