Legal basis for levying renewal fees
§ 9 LPOF
Enquiries re renewal fees: Accounts:
Tel. +43 1 53424-396
Enquiries re patent register:
Tel. +43 1 53424-240
Amount of fees
(plus any charges levied by banks)
§ 6(2), 9(2) LPOF
(a) Due date (in the patent year concerned)
(b) Time limit for payment (without surcharge)*
(c) Earliest possible date for payment
(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
(c) Payment may not be made more than 3 months before due date.
§ 9(3) – (5) LPOF
Period of grace for payment of fees (with 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
§ 9(4), (5) LPOF
Communication of a reminder in cases of non-payment
(a) provided for?
(b) date of despatch
Restitutio in integrum
(a) provided for?
(b) time limit for submitting application
(b) 2 months after removal of obstacle; no later than 12 months after expiry of non-observed time limit
§ 24 ILPT
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
(c) 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.)
§ 27(1) LPOF
Information regarding lapse of patent in cases of non-payment of renewal fees
Entry in the patent register
Publication in the patent bulletin
§§ 46, 79, 80 PA
* For first renewal fee to be paid, see Art. 141(2) EPC.