National Law relating to EPC, VII. Conversion of European patent applications or patents into national patent applications, Austria
Contracting state | Austria |
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1Basis for conversion |
Deemed withdrawal pursuant to Art. 77(3) EPC § 9(1) ILPT |
2Procedural steps to be taken |
(a) Payment of the fee for conversion into a national patent application or utility model application: EUR 52 (b) Filing, in duplicate, of a German translation § 9(2), 24 ILPT |
3Time limit for taking procedural steps referred to in section 2 |
2 months after a request by the Austrian Patent Office (may be extended on request) § 9(2) ILPT |
4Must a national professional representative be appointed? |
All procedural steps connected with the conversion must be taken by an attorney at law, patent attorney or notary authorised to represent parties on a professional basis in Austria, if the applicant has neither a residence nor his principal place of business 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 |
5Special features |
In the case indicated in section 1, the EP application may also be converted into an application for a utility model. § 9(1) ILPT As regards the legal device known as derivation (Abzweigung) of an application for a utility model from an EP application, see §§ 15a, 21 GMG |