INFORMATION FROM THE CONTRACTING / EXTENSION STATES
AT Austria
Amendment to the Patent Law and the Introductory Law on Patent Treaties
On 17 April 1996 the Federal Law amending the 1970 Patent Law and the Introductory Law on Patent Treaties was announced in Austria's Bundesgesetzblatt under BGBl. No. 181.
Patent Law (PatG)
The amendments to the Patent Law, which entered into force retroactively on 1 January 1996, are intended primarily to implement the TRIPs Agreement and to repeal provisions covered by Austrian and EU anti-trust law. In line with Article 33 of the TRIPs Agreement the maximum term of an Austrian patent is now 20 years from the filing date. For details on this and other amendments to the Patent Law see the explanatory notes to BGBl. No. 181/1996 published in Österreichisches Patentblatt 1996, 154.
Introductory Law on Patent Treaties (PatV-EG)
The amendments to the Introductory Law on Patent Treaties relate to adjustments to the amended renewal fees set out in the Patent Law. For proprietors of European patents with effect in Austria the following applies:
Under Article 8(2) PatV-EG in conjunction with Section 166(3) PatG the following renewal fees are payable for European patents granted on or after 1 July 1996:
Year | ATS |
---|---|
3rd year |
1 000 |
4th year |
1 300 |
5th year |
1 400 |
6th year |
1 900 |
7th year |
2 400 |
8th year |
3 400 |
9th year |
4 200 |
10th year |
5 100 |
11th year |
6 400 |
12th year |
7 200 |
13th year |
8 000 |
14th year |
11 700 |
15th year |
14 700 |
16th year |
16 000 |
17th year |
20 000 |
18th year |
24 000 |
19th year |
24 000 |
20th year |
24 000 |
European patents granted prior to 1 July 1996 remain unaffected and the renewal fees1 listed in Table VI, column 1, of the information brochure "National law relating to the EPC" (9th edition) and reprinted below continue to apply:
Year | ATS |
---|---|
3rd year |
900 |
4th year |
900 |
5th year |
1 000 |
6th year |
1 300 |
7th year |
1 400 |
8th year |
1 900 |
9th year |
2 400 |
10th year |
3 400 |
11th year |
4 200 |
12th year |
5 100 |
13th year |
6 400 |
14th year |
7 200 |
15th year |
8 000 |
16th year |
11 700 |
17th year |
14 700 |
18th year |
16 000 |
19th year |
20 000 |
20th year |
24 000 |
Updating of the information brochure "National law relating to the EPC"
Users of the EPO information brochure "National law relating to the EPC" (9th edition) are asked to make the appropriate additions to the fees shown in Table VI, column 1.
1 See also OJ EPO 1992, 685