Contracting state

Austria

1

Basis for conversion

Deemed withdrawal pursuant to Art. 77(3) EPC


 

§ 9(1) ILPT

2

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
§ 10 LPOF

3

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

4

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
§ 21(4) PA

5

Special 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

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