Europe

Austria

Patent system, trademark registration, annuity management, and renewals in Austria.

Authority

Österreichisches Patentamt

PCT

31 mo

Madrid

Member

Austrian Patent Office Online Services

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Before You Start

Before filing or quoting, you'll typically confirm these first

1
Whether to pursue the Paris route, PCT national phase, or start with trademark registration in Austria
2
Which of patent filing, trademark registration, annuity, or renewal is the most urgent priority
3
Whether to verify the official portal, search system, and key deadlines before moving to a quote or engagement

The sections below cover each module — use the navigation to jump directly to what you need.

Patent System & Process

Patent System in Austria

Austrian invention patents can be obtained through the Austrian Patent Office (national route) or the European Patent Office (EPO). Austria is a member of the European Patent Convention (EPC) and the EU, so European patents designating Austria take effect there after grant, and the Unitary Patent mechanism also covers Austria. The standard patent term is 20 years from the filing date. Austria joined the Madrid System in 1909, making it one of its longest-standing members.

Patent Filing Routes ▾

1. **Austrian national patent** — Filed with the Austrian Patent Office in German; Austria-only protection; 2. **European patent (EPO)** — Filed via EPO, designating Austria; validated in Austria after grant; 3. **Unitary Patent** — Unitary effect request after EPO grant automatically covers Austria and other participating states; 4. **PCT route** — PCT applications enter the European phase via EPO.

Source: Austrian Patent Office; EPO official website

Utility Model (Gebrauchsmuster) ▾

Austria has a utility model system (Gebrauchsmuster), with a protection term of 10 years (renewable), simpler examination, and faster registration — suitable for inventions needing quick protection. Utility models are registered with the Austrian Patent Office.

Source: Austrian Patent Office official website

Unitary Patent Coverage ▾

Austria participates in the EU Unitary Patent system. A unitary effect request after EPO grant covers Austria and all other participating states in a single step, without per-country validation, reducing maintenance costs.

Source: EPO Unitary Patent information

Patent Term ▾

Austrian invention patents have a standard term of 20 years from the filing date, subject to annual fees. Utility models have a maximum term of 10 years.

Source: Austrian Patent Office

Trademark System & Process

Trademark System in Austria

Austrian trademarks are registered nationally through the Austrian Patent Office's trademark division; EU Trade Marks (EUTM) via EUIPO cover Austria and all EU member states; and Madrid international applications can designate Austria.

Trademark Filing Routes ▾

1. **Austrian national trademark** — Filed in German with the Austrian Patent Office trademark division; Austria-only coverage; 2. **EU Trade Mark (EUTM)** — Filed with EUIPO; covers all 27 EU member states including Austria; 3. **Madrid international application** — Austria can be designated; examination handled by the Austrian Patent Office.

Source: Austrian Patent Office; EUIPO; WIPO Madrid

Registration Term and Renewal ▾

Austrian national trademarks are valid for 10 years, renewable every 10 years indefinitely.

Source: Austrian Patent Office

EUTM Advantage ▾

For applicants needing trademark protection across multiple EU countries, the EUTM is generally more cost-effective — a single application covers all 27 EU member states including Austria.

Source: EUIPO official website

Patent Annuity

Austria Patent Annuities

Austrian patent annuities depend on the route: European patent (including Unitary Patent) fees go to EPO; Austrian national patent fees go to the Austrian Patent Office. Utility models also require renewal fees.

Source: Austrian Patent Office; EPO

Annuity Reference → Managed Annuities

Trademark Renewal

Austria Trademark Renewals

Austrian trademarks are valid for 10 years, renewed with the Austrian Patent Office (national) or EUIPO (EUTM), every 10 years indefinitely.

Source: Austrian Patent Office; EUIPO

Renewal Reference → Managed Renewals

FAQ

Common Questions — Austria IP

Does Austria participate in the Unitary Patent? ▾

Yes. Austria participates in the Unitary Patent system. A unitary effect request after EPO grant covers Austria and other participating states.

Does Austria have utility model protection? ▾

Yes. Austria has a utility model system (Gebrauchsmuster) with a maximum term of 10 years, simpler examination, and faster registration.

What language is required for Austrian trademark filings? ▾

Austrian national trademark applications must be filed in German.

Does an EUTM cover Austria? ▾

Yes. An EUTM covers all 27 EU member states, including Austria.

How long does an Austrian invention patent last? ▾

20 years from the filing date, subject to annual maintenance fees.

Can Austria be designated in a Madrid trademark application? ▾

Yes. Austria can be designated in a Madrid application. Austria has been a member of the Madrid System since 1909 — one of its earliest members.

How long is an Austrian trademark valid? ▾

10 years, renewable every 10 years indefinitely.

What is the PCT national phase deadline for Austria? ▾

Typically 31 months from the priority date (entering via EPO European phase).

Official Reference Sources

Sources for This Page

Austrian Patent Office Official Website www.patentamt.at European Patent Office (EPO) www.epo.org EU Intellectual Property Office (EUIPO) euipo.europa.eu WIPO PCT Applicant's Guide — Austria (AT) www.wipo.int/pct/en/appguide/ WIPO Madrid Member Info — Austria www.wipo.int/madrid/en/members/

Content based on official sources above, last reviewed: 2026-04. In case of discrepancy with the latest official publications, official sources prevail.

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