New fees of the Austrian Patent Offices as of January 1, 2010
- An amendment to the Law on Patent Office fees will bring the following changes:
- In the past, the amount of fees was determined as of the date of payment. In the future, the due date shall be decisive. Earlier payment therefore does not reduce the fees. This does not only apply to trademarks but to all other industrial property rights as well.
The following fees were changed:
|
Patent Office Fees Act
|
Changed Fees with effect of 1 January 2010 |
| Sec 3 Patent Application | 180 Euro, in case of more than 10 claims + 100 Euro per each 10 additional claims |
| Sec 6(2) annual fees: | |
| 3rd year | 0 |
| 4th year | 0 |
| 5th year | 0 |
| 6th year | 100 Euro |
| 7th year | 200 Euro |
| 8th year | 300 Euro |
| 9th year | 400 Euro |
| 10th year | 500 Euro |
| 11th year | 600 Euro |
| 12th year | 700 Euro |
| 13th year | 800 Euro |
| 14th year | 900 Euro |
| 15th year | 1,000 Euro |
| 16th year | 1,100 Euro |
| 17th year | 1,200 Euro |
| 18th year | 1,300 Euro |
| 19th year | 1,500 Euro |
| 20th year | 1,700 Euro |
| Sec 8 publication fee | 150 Euro, beginning from the 16th page 130 Euro per each additional 15 pages |
| Sec 10 (1) Application for the conversion of a European patent application into a national patent or utility model application | 50 Euro |
| Sec 11 1) Submission to the International Bureau
2) Entry of the national phase per right concerned |
50 Euro
50 Euro |
| Sec 12 Continuing the application – grant of patent | 50 Euro |
| Sec 13 (1) international research | 1,700 Euro |
| Sec 13 (3) if applicant is national and resident of a developing country | 75% reduction of fees mentioned in Sec 13(1) |
| Sec 13 (4) Reimbursement if earlier research is taken into consideration and if fee is not reduced accord. to par 3 | up to 75% of the research fee |
| Sec 13 (5) Fee for an international preliminary examination |
1,675 Euro |
| Sec 13 (6) if applicant is national and resident of a developing country | 75% reduction of fees mentioned in Sec 13(5) |
| Sec 13 (8) Examination of an Opposition accord. to Art. 17(3)(a) PCT or 34(3)(a) PCT |
220 Euro |
| Additional research as international research office |
Not higher than 1,700 Euro |
| Sec 15 Utility models
Research fee (2) In case of more than 10 claims |
50 Euro additionally 100 Euro per 10 additional claims |
| Sec 15 (3) Publication fee utility model | 130 Euro |
| Sec 15 (4) accelerated publication | additionally 50 Euro |
| Sec 16 (2) Annual fees: | |
| 2nd year | 0 |
| 3rd year | 0 |
| 4th year | 50 Euro |
| 5th year | 100 Euro |
| 6th year | 250 Euro |
| 7th year | 300 Euro |
| 8th year | 350 Euro |
| 9th year | 400 Euro |
| 10th year | 450 Euro |
| Sec 16 (4) lump sum payable until the 6th year instead of annual fees (optional) | 360 Euro |
| Sec 16 (5) lump sum payable for the 7th to 10th year instead of annual fees (optional) | 1,350 Euro |
| Sec 22(1) Trade Mark Application
Application of an Collective Trade Mark 2. Class fee per class from the 4th class upwards 3. Fees for printing |
300 Euro
includes a search fee in the amount of 40 Euro 1,140 Euro includes a search fee in the amount of 40 Euro 40 Euro 25 Euro according to regulation already issued |
| Sec 22 (2) In case the application does not end with a registration, reimbursement of | a) in case of a trade mark: 100 Euro
b) in case of a collective trade mark: 400 Euro |
| Sec 22 (3) to be reimbursed in case the application is withdrawn after conduct of similarity research but before any submissions, except submissions concerning fees | Double of sec 22 (2) |
| Sec 23 Opposition Fee | 150 Euro |
| Sec 27 (3) If there is no printing nor publication, except where those procedures are technically terminated | Reimbursement of all fees relating to printing and publication |
- Please notice that the registration fee for trademarks has been abolished, so that it becomes cheaper to register a trademark. There are hardly any savings since the application fee has been raised.
Dr. Paul Fischer