Legal basis for levying renewal fees

§ 8 ILPT

Enquiries re renewal fees:

Accounts:

Tel. (+ 43 1) 5 34 24-170 or 169

Fax (+ 43 1) 5 34 24-192

Enquiries re patent register:

Tel. (+ 43 1) 5 34 24-241

Fax (+ 43 1) 5 34 24-535

1 Amount of fees

for European patents granted before 1 July 1996

for European patents granted on or after 1 July 1996

plus any charges levied by banks

§ 166(3) PA

§ 8(2) ILPT

2 (a) Due date (in the patent year concerned) (b) Time limit for payment (without surcharge)*

(a) last day of the month in which the date of filing occurred

(b) for the first fee to be paid: 3 months from due date; subsequent fees must be paid by due date

§ 8(3)-(5) ILPT

* For first renewal fee to be paid, see Art. 141(2) EPC.

3 Period of grace for payment of fees (with surcharge) (a) duration (b) surcharge

(a) fee for 1st year: beginning of 4th up to end of 12th month from due date;

fees for further years: beginning of 1st up to end of 6th month from due date

(b) 20%

§ 8(4), (5) ILPT

4 Communication of a reminder in cases of non-payment (a) provided for (b) date of despatch

(a) Yes, but not mandatory

(b) approximately 1 month after due date in the event of non- or insufficient payment, but requests for payment are not sent abroad

(“Österreichisches Patentblatt” No. 1/1982, p. 28)

5 Restitutio in integrum (a) provided for (b) time limit for submitting application

(a) Yes

(b) 2 months after removal of obstacle; not later than 12 months after expiry of non-observed time limit

§ 24 ILPT

§§ 129 et seq. PA

6 Appointment of a national professional representative for (a) payment of fees (b) communication of a reminder of non-payment (c) proceedings in respect of restitutio in integrum

(a) No

(b) Yes

(c) Yes

§§ 8(6), 24 ILPT

§ 21(4) PA

7 Information regarding lapse of patent in cases of non-payment of renewal fees

Entry in Register of Patents

Publication in Patent Bulletin

§§ 46, 79, 80 PA