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patente1Filing of patents

On this page you will find summarised information for the application of a patent by WKO and the patent office. We would like to recommend a patent attorney in advance. He/she will provide you with comprehensive information and help with all questions concerning the patent.

What is a patent?
There are clear rules about what a patent is and what is not, which conditions must be met before a technical invention can be filed as a patent, which time restrictions and regulations must be observed. Generally, inventions, utility models, trademarks or designs can be protected.

Once it has been clearly clarified whether an invention can be applied for a patent, it must be investigated whether a patent already exists for such an invention. If this is the case, no longer be any patent protection can be granted for this invention. A patent search can be carried out online or commissioned by the patent office or a patent service provider for a fee.

Application for a patent
If you have clarified for yourself whether your invention already exists, whether there is a buyer market for your product and where it is located and how you want to market your product, then you can file your patent with the patent office. There are ready-made forms for this, depending on the type of application or the application area. All necessary forms can be found at  www.patentamt.at

Grant of a patent
After your filing, the Patent Office will carry out an examination and search of your invention in various databases. Thereafter, a first preliminary decision is issued by the Patent Office and, after any deficiencies in the application or invention have been remedied, the application for patent grant is either granted or rejected.

What about the costs?
The cost of a patent application depends on the duration of protection and the protected area. There is a maximum term for patent protection (currently max. 20 years), with an annual fee to be paid for the maintenance of patent protection. Patents can be filed for Austria, for any additional country, Europe-wide (selection of over 35 countries) or international (selection of up to 141 countries).

Patent search
The European Patent Office offers free access to over 80 million patent documents from all over the world with information on inventions and technical developments from 1836 to the present day. Various services allow a detailed search.

Search here: European Patent Office

For more detailed information, see:

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