National Law relating to EPC, IV. Translation requirements after grant, Austria
Contracting state | Austria |
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1Contracting state to the London Agreement on the application of Art. 65 EPC? |
No |
2Translation 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 |
3Must 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 |
4Period 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 |
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 |
7Manner 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 |
8Correction of translation (a) permitted? (b) Special fee payable? |
(a) Yes (b) Yes, see section 5(a) § 6(2) ILPT |
9Special 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 |