1 Basis for conversion

Deemed withdrawal pursuant to Art. 77(5) EPC

§ 9(1) ILPT

2 Procedural steps to be taken

(a) Payment of the filing fee (EUR 50; if applicable, EUR 50 for each priority claimed)

Additional document fees are payable for the request for conversion and any annexes on completion of the procedure.

Document fee for the request as such: EUR 13

(b) Filing, in duplicate, of a German translation

§§ 9(2), 24 ILPT

§§ 94(2), 166(1) PA

3 Time limit for taking procedural steps referred to in column 2

2 months after a request by the Austrian Patent Office (may be extended on request)

§ 9(2) ILPT

4 Must a national professional representative be appointed?

All procedural steps connected with the conversion must be taken by an attorney at law, patent attorney or notary authorised to represent parties on a professional basis in Austria, if the applicant has neither a residence nor his principal place of business in Austria. If the procedural step referred to in column 2(b) is taken by a representative, then it is valid only if he supplies an authorisation within the time limit set by the Austrian Patent Office or refers to a granted authorisation.

§ 24 ILPT

§ 21(3), (4) PA

5 Special features

In the case indicated in column 1, the EP application may also be converted into an application for a utility model.

§ 9(1) ILPT

As regards the legal device known as “derivation” (“Abzweigung”) of an application for a utility model from an EP application, see § 15a, 21 GMG