SONN Patentanwälte – IP Attorneys

Austrian Patent Office: Significant increase in fees as part of the Budget Framework Act

The Austrian Parliament has enacted the Budget Framework Act shortly before the end of the year. Part of the Budget Framework Act was also an amendment to the Patent Office Fees Act. As part of this change, the Parliament has now adopted some substantial fee increases.

The search fee for utility models was increased from € 50 to € 150; the search and examination fee for patent applications has increased from € 180 to € 280. The annual fees for supplementary protection certificates (SPCs) increased from € 2200 (for the first year) to € 3400 (for the fifth year) to € 2500 to € 4100. With respect to renewal fees for trademarks, the (first) renewal fee of € 500 to € 650 was raised. With the present amendment, a "second renewal fee" (in the amount of € 750) and a "third and each subsequent renewal fee" (amounting to € 850) were newly introduced. In the future it is therefore necessary with respect to payments of trade mark renewal fees to distinguish between the first renewal (after ten years), the second renewal (after 20 years) and the third and further renewal, due to the difference in fees.

The present Patent Office Fees Act Amendment also authorized the president of the Austrian Patent Office, to enact an annual fee increase for adjustment to inflation. Such an inflation-adjustment of fees may in any year (from 2012) be promulgated no later than June 30 of each calendar year in the Austrian Patent Bulletin, with the fee changes applying from the following 1 July (i.e. within one day at the shortest!). This could therefore well be that such future inflation-related adjustment of fees will have to be considered within a very short period of time.