Basis for conversion
Deemed withdrawal pursuant to Art. 77(3) EPC
§ 9(1) ILPT
Procedural 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
Time 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
Must 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
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