Amendment of Patent Office Fees Act

1. Amendment of Patent Office Fees Act

By Federal Gazette BGBl I No. 89/2018, published on 21 December 2018, the Patent Office Fees Act was amended as of 1 January 2019 for reduction of fees.

The most important amendments are:

1.1. In the course of e-filing of

       - a patent application (§ 3 (3)),

       - a translation of a European patent (§ 8 (3)),

       - a request for a search or an expert opinion (§ 14 (5)),

       - a utility model application (§ 15 (5))

       the respective fee is reduced by € 20,- as is effective so far for Austrian trademark applications.

1.2. In the course of e-filing of a single or multiple design application the respective fee is reduced by € 5,-.

1.3. The national fee in connection with an international trademark application was raised from € 135,- to € 141,- (§ 25 (1)). However, in case of using the Madrid-eFiling-System that fee is reduced to CHF 141,- (§ 25 (2)) which, according to the present exchange rate, equals to a reduction of € 20,- (see point 1.1. above).

1.4. The fee for any request to the Nullity Department of the Patent Office was reduced from € 470,- to € 320,- (§ 28 (1) 2). In connection with the unchanged lump-sum document fee of € 230,- according to Fee´s Act (§ 14, Tariff number 10) the total fee is now only € 550,- instead of so far € 700,-.

1.5. In the course of a request for recordal of a change of name encompassing several IP rights of the same type just one single fee for the request, at the time € 41,-, is to be paid, like it is so far effective for the document fee, at the time € 40,-. Thus the total fee is just € 81,-, independent of the number of IP rights of the same type.

1.6. The Patent Office Fee Regulation, BGBl II No. 469/2005, as of No. 234/2017, which had regulated several petty fees was cancelled without substitution. However, for extracts from the register as well as priority documents document fees according to the Fee´s Act are still to be paid.


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Remarkable Decisions