Central Industrial Property Office

Österreichisches Patentamt
Dresdner Str. 87
Postfach 95
1200 WIEN

Tel. +43 1 53424-0
Fax +43 1 53424-535

www.patentamt.at

info@patentamt.at

 

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

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

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

 

3

Must a form be used?

No


No


4

Special fee payable?

EUR 128 per application (including EUR 40 document fees)


EUR 128 per application (including EUR 40 document fees)


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

6

Is a transfer registered by the EPO under Rule 85 EPC recognised?

No


 

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.


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