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Central Industrial Property Office |
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Österreichisches Patentamt Tel. +43 1 53424-0 |
1. Transfer of rights by transaction (e.g. sale, merger) or by operation of law (e.g. succession, insolvency, compulsory execution) | 2. Licences and other rights | |
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1 Which supporting documents must be filed? |
(a) Written application or request by court for entry in the patent register; submission of a copy of the instrument concerned (e.g. deed of transfer, extract from commercial register, certificate of inheritance). If the original instrument is not public: certified signature of the previous proprietor of the right. (b) If the patent is transferred under a contract, a declaration by the parties or their representatives recording their mutual consent can be filed instead of the instrument. §§ 33, 43(5)-(7) PA |
Application and documents as under 1(a). §§ 34, 35, 36, 45 PA |
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2 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.) § 21(4) PA | |
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3 Must a form be used? |
No |
No |
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4 Special fee payable? |
EUR 128 per application (including EUR 40 document fees) |
EUR 128 per application (including EUR 40 document fees) |
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5 Entries and data recorded in the register |
Transfer of rights § 43(1) to (4) PA |
Liens and other rights in rem, licences, entries relating to disputes § 43(1)to (4) PA |
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6 Is a transfer registered by the EPO under Rule 85 EPC recognised? |
No | |
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7 Special features |
Entries in the register have legal effect. Priority is determined by the order in which applications for entry are presented at the Patent Office. | Entries in the register have legal effect. Priority is determined by the order in which applications for entry are presented at the Patent Office. |
