PCT NATIONAL PHASE ENTRY
Austria

Austria has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since January 01, 1909. It has also been a Contracting Party to the Patent Cooperation Treaty (PCT) since April 23, 1979.  In addition, it is a party to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and to the Patent Law Treaty (PLT). Austria is also a member of the European Patent Organization (EPO) and belongs to the “European patents with unitary effect” system, started on June 01, 2023, which provides a unitary effect for the European patent (EP) granted in 17 of the 27 European Union member countries (updated January 2024). The Austrian Patent Office provides the option to submit a description and pay a nominal fee to obtain a "provisional patent application" (PRIO), which can be used as a priority document for up to one year.

The deadline for entering the national phase of a PCT application in Austria is 30 months from the priority date.

The official language for filing a PCT national phase application in Austria is German, and applications in other foreign languages are not allowed.

If the 30-month deadline is missed, a request for restoration can be made within two months of the missed deadline. With the restoration request, the total time allowed to enter the national phase is 32 months from the priority date.

In Austria, a signed copy of the Power of Attorney is required and should be submitted along with the application.

No fee is required for entering the national phase if the international application was filed with the Austrian Patent Office as the receiving office.

Applications undergo both formal and substantive examination. The substantive examination of an Austrian patent application filed under the PCT is conducted automatically, without the need for a separate request.

Annual fees are required starting from the 6th year and must be paid after the patent is granted, by the last day of the month in which the filing date anniversary falls. Late payments can be made within a six-month grace period, accompanied by a relevant surcharge.

Patents in Austria are granted a substantial period of protection, remaining in force for 20 years from the filing date, offering long-term security and exclusive rights for innovators and creators. Upon Austria's accession to the European Union, the country established the option to extend the patent term for 5 years for approved pharmaceuticals through a Supplementary Protection Certificate (SPC). This provision was introduced to alleviate the financial burden of the costly and time-consuming development processes for pharmaceuticals and pesticides.

Austria soars to an impressive 17th place out of 133 global economies in the 2024 Global Innovation Index (GII), boasting a remarkable score of 50.3. Dominating the European stage, Austria clinches the 10th spot among the continent's 39 economies. Its performance is nothing short of stellar in key areas such as Human Capital and Research, where it ranks a phenomenal 8th, and Infrastructure, where it triumphs at 10th. However, despite these towering achievements, Austria faces some challenges in areas like Market Sophistication (32nd), Creative Outputs (24th), and Business Sophistication (23rd). It shines as a powerhouse in the high-income group, securing 16th place among the top 51 economies.

Austria is famous for its contributions to classical music, being the birthplace or residence of iconic composers such as Mozart, Schubert, and Beethoven. Politically, it is a federal parliamentary republic, currently led by President Alexander Van der Bellen and Chancellor Karl Nehammer. The economy is strong and diversified, with key industries including manufacturing, tourism, and finance.