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Updated 02/2016

Updated 02/2016

Austria

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* Information not yet provided by national authorities

The patent protection applies as of the date when the patent is granted (i.e. when the patent is issued and published in the Official Gazette), and is valid for a maximum of 20 years from the date when the application is filed.

To renew the patent once it has been issued, annual fees are payable in the Member States under national legislation. E.g:. in Austria after 6 years at the earliest - see here Deutsch for more information.

If the European Patent was issued in German, the applicant need take no further action; the patent will be valid in Austria when it is issued.

If the European Patent was issued in one of the other two official languages (English or French), a translation must be sent to the Austrian Patent Office within 3 months of the date of issue, and the corresponding publication fees will be payable. The same applies to patents subsequently amended as a result of opposition and limitation procedures. Information on publication fees is available on page 2 of this document Deutsch . The translation is then published by the Austrian Patent Office.

If no translation is submitted within the specified deadline, the patent is considered not to have had any effect in Austria from the outset.

It is also worth noting that persons resident outside Austria require a professional representative; however, if the person resides in the EEA, the appointment of an agent in Austria is sufficient.

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