Renew a Austrian patent validated through the European Patent Office (EPO):
If your patent is a European patent that was granted by the European Patent Office and then validated in Austria, you can maintain the patent by paying an annual maintenance fee to the EPO. The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Austria, the renewal fee is paid to the Austrian Patent Office also known as Österreich patentamt. The rules that apply to a national Austrian patent also apply to an EP patent in Austria. For more information on renewal fees related to the EPO, please visit another one of our articles at this link, here.
For example, if the filing date of a patent is 2005-11-23, and the grant date is 2013-07-24, you will have to settle the renewal fee with the EPO starting from 2007-11-30 onwards until 2012-11-30. From 2013 onwards, you will have to settle the ninth renewal fee with the Austrian Patent Office.
Renew a national patent with the Austrian Patent Office:
In order to maintain a patent application in Austria, a renewal fee must be paid to the Austrian Office for Intellectual Property on an annual basis. The renewal fee of a patent application for the first time is due at the beginning of the sixth payment year (fifth anniversary) from the filing date upon the grant of the patent. The renewal fees in Austria are always due on the last day of the month, which is when the original filing date of the application falls.
For example, if the filing date of a patent is 2017-06-15, and the patent was granted on 2018-04-14, you will only have to settle the renewal fee on the last day of June starting from 2022-06-30 onwards.
In Austria, there are other types of intellectual property. At PatentRenewal.com, we have all the necessary tools and procedures to ensure that they can be renewed through us.
Intellectual Property type #1 - Utility Models
An Austrian utility model is valid for 10 years from the filing date of the application, and is in force for three years from the filing date of the application. The renewal fee of a patent application for the first time is due at the beginning of the fourth payment year from the filing date, after which the fees must be paid annually. The renewal fees are due on the last day of the month, which is when the term of protection ends. If the renewal fee is not paid by the due date, the utility model will enter a grace period of 6 months. This gives you the time to still renew the utility model, however, the fee is higher.
Intellectual Property type #1 - Designs
An Austrian design right is valid for 25 years, from the filing date of the design. Initially, an Austrian design is protected for 5 years after which it can be renewed every five years up to a maximum of four renewals to the Austrian Patent Office. Renewal fees are required with each registered design, even if these are designs of multiple applications. If the renewal fee is not paid by the due date, you can make a ‘late renewal’ up to 6 months after the renewal date by paying a higher fee.
The patent renewal fees of a patent application are due at the beginning of the sixth payment year from the filing date upon the grant of the patent. For further clarification, please refer to the breakdown below.
National patent: The first renewal fee of a patent application for the first time is due at the beginning of the sixth payment year (fifth anniversary) from the filing date upon the grant of patent. The renewal fees in Austria are always due on the last day of the month, which is when the original filing date of the application falls.
For example, if the filing date of a patent is 2017-06-15, and the patent was granted on 2018-04-14, you will only have to settle the renewal fee on the last day of June starting from 2022-06-30 onwards.
Austrian patent validated through the European Patent Office (EPO): The first renewal fee of a patent application is due on the second anniversary of the patent's filing date, and thereafter, renewal fees are due on an annual basis. Once a patent is granted by the EPO and validated in Austria, the renewal fee is paid to the Austrian Patent Office.
For example, if the filing date of a patent is 2005-11-23, and grant date is 2013-07-24, you will have to settle the renewal fee with the EPO starting from 2007-11-30 onwards until 2012-11-30. From 2013 onwards, you will have to settle the ninth renewal fee with the Austrian Patent Office.
National patent: Prior to the grant, an Austrian patent application is in its filing stage. You will have to pay the renewal fee to the Austrian Patent Office after the patent has been granted. The first renewal fee of a patent application is due on the fifth anniversary of the filing date.
Austrian patent validated through the European Patent Office (EPO): Prior to the grant, the patent application is in its filing stage with the EPO. You can only begin paying the renewal fees to the EPO from the second anniversary of the patent's filing date and thereafter, renewal fees are due on an annual basis. However, once the patent has been granted and validated in Austria, the renewal fee is thereafter paid to the Austrian Patent Office.
National patent: The payment window in Austria opens three months before the renewal fees are due. It is important to note that the renewal fees cannot be settled prior to this window opening. This rule is applicable to both national patents as well as to an EP patent in Austria.
For example, if the renewal due date of a patent is 2017-07-30, you will only have to settle the renewal fee starting from 2017-04-30 onwards.
Yes, it is possible to renew an Austrian patent after its deadline. If you fail to pay the renewal fee in due time, a 6- month grace period is given whereby the renewal fees can be settled. However, you will incur an increase of 20% in addition to the original renewal fees if you settle the fees during the 6 month grace period. If you wish to maintain the patent, the (new) total renewal fee will have to be settled. However, there is an exception given to the first annual fee for the sixth year wherein you can settle the fee up to 6 months after the due date without a 20% surcharge.
Austrian patent validated through the European Patent Office (EPO): The patent for missing a renewal deadline follows the same rules as for national patents.
It is not mandatory to make use of a local agent or representative when renewing a patent in Austria. If you choose not to, you can simply pay the fees by bank transfer or direct deposit into the account of the Austrian Patent Office.
In order to maintain an Austrian patent, renewal fees need to be settled annually with the Austrian Patent Office. By settling the renewal fees, the patent is guaranteed to last for a maximum of 20 years from the filing date. This rule is applicable to both national patents as well as to an EP patent in Austria.
