1 Which supporting documents must be filed?

Written application or request by court for entry in the patent register; submission of original or duly certified copy of the instrument concerned (eg deed of transfer, certificate of inheritance, distraint order). If it is not a public instrument, certified signature of the proprietor of the right.

§§ 33, 43(5)-(7) PA

Application and documents as under 1.

§§ 34, 35, 36, 45 PA

2 Must a national professional representative be appointed?

Yes; attorney at law, patent attorney or notary authorised to represent parties on a professional basis in Austria

§ 21 (4) PA

3 Must a form be used?

No

4 Special fee payable?

EUR 58 per application

Additionally, document fees are payable for the request as such and any annexes on completion of the procedure.

Document fee for the request as such: EUR 13

No fee is payable in the case of succession.

5 Entries and data recorded in the register

Liens and other rights in rem, licences, entries relating to disputes

Entries in the register have legal effect. Priority is determined by the order in which applications for entry are presented at the Patent Office.

§ 43(1)-(4) PA

6 Is a transfer registered by the EPO under Rule 61 EPC recognised?

No

7 Special features