Contracting state

Austria

Legal basis for levying renewal fees

 

§ 9 LPOF

Enquiries re renewal fees: Accounts:

Tel. +43 1 53424-396
Fax +43 1 53424-192

Enquiries re patent register:

Tel. +43 1 53424-240
Fax +43 1 53424-535

1

Amount of fees

(plus any charges levied by banks)

 

Year

EUR

Year

EUR

6th

104

14th

940

7th

208

15th

1 044

8th

313

16th

1 148

9th

417

17th

1 253

10th

522

18th

1 357

11th

626

19th

1 566

12th

731

20th

1 775

13th

835

   

§ 6(2), 9(2) LPOF

2

(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

3

Period of grace for payment of fees (with surcharge)

(a) duration

(b) 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

(b) 20%


§ 9(4), (5) LPOF

4

Communication of a reminder in cases of non-payment

(a) provided for?

(b) date of despatch

 

(a) No

(b) n/a

5

Restitutio in integrum

(a) provided for?

(b) time limit for submitting application

 

(a) Yes

(b) 2 months after removal of obstacle; no later than 12 months after expiry of non-observed time limit


§ 24 ILPT
§§ 129 et seq. PA

6

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

 

(a) No

(b) No

(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
§ 24 ILPT
§ 21(4) PA

7

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.

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