SONN Patentanwälte – IP Attorneys

Amendment of the Patent Office Fees Act

Amendment of the Patent Office Fees Act


In Austria, an amendment regarding the official fees to be paid at the Patent Office has come into force on January 1, 2010; this amendment particularly concerns patents and utility models.

1. Most importantly, in future patent annuities only for the 6th year (and following years) after filing will be due, as far as the patent has been granted.

Regarding old patents which have been granted or where a Notice of Allowance dated before July 1, 2005 had been issued, the old Law - but with the fees as from January 1, 2010 - is to be applied.

The new patent annuities, in sum, are similar to that up to now; however, in general annuities in the first years will be lower and in later years will be higher than hitherto.

Regarding utility models, annuities will be due for the first time for the 4th year, provided the utility model has been registered. Here, the fees in general are higher than now. Furthermore, there is the possibility to pay the fees in two flatrates. The first flatrate including all annuties up to the 6th one, the second flatrate including the 7th to 10th one, whereby one will profit from a reduction compared to a yearly payment.

If e.g. in 2009 a 4th or 3rd patent annuity has been due (if not paid, this annuity must be paid within the grace period even in 2010 if it is wished to maintain the patent!), there will be no annuity due in 2010, but only in 2011 or 2012 (6th annuity).

The new charges for annuities are as follows:

 

National and European Annuities from 1.1.2010

 

National and European Annuities, Patent, from 1.1.2010
Year Fee in EUR
3. 0
4. 0
5. 0
6. 100
7. 200
8. 300
9. 400
10. 500
11. 600
12. 700
13. 800
14. 900
15. 1000
16. 1100
17. 1200
18. 1300
19. 1500
20. 1700
Annuities, Utility Model, from 1.1.2010
Year Basic Fee in EUR Flat Fee Basic Fee in EUR
2. 0 4. to 6. Year 360
3. 0 7. to 10. Year 1350
4. 50
5. 100
6. 250
7. 300
8. 350
9. 400
10. 450

 

Regarding annuities of supplementary protection certificate, there have been no changes.

2. After January 1, 2010 for patent and utility model applications with more than 10 claims, a claim fee will be due; namely EUR 100,- per 10 additional claims.

The publication fee for granted patents or utility models remains identical.

3. Concerning trademark applications, the filing fee has been raised to EUR 300,--, wherein the search fee (EUR 40,--) and the registration fee is included. Furthermore a printing fee (the amount will be fixed in a separate regulation and will probably be EUR 25,--) has to be paid. If the trademark is not registered, an amount of EUR 100,-- will be refunded.

From July 1, 2010, there exists the possibility of an opposition procedure in Austria concerning trademarks. The fee for an opposition will be about EUR 150,--. Details concerning this opposition will be communicated in a later circular letter.