Utility model: basics
A utility model protects your invention in Austria in a similar way to a patent: Only you may manufacture, distribute, or use your invention. Others are excluded from doing so.
The documents required for an application are essentially the same as for a patent. The difference lies in the procedure: With a utility model, the application is not examined and amended until protectable claims are established. Instead, after the examination is completed, you receive a search report listing publications that can be used to assess the novelty and inventive step of your claims. After that, as soon as you have paid the applicable fee, your utility model will be registered – even if the search report identifies weaknesses in the claimed invention.
The utility model can also serve as a starting point for the internationalization of your invention: The priority of a utility model application can be claimed in the same way as that of a patent application – even if inventions can only be filed as patents in the target country.
Utility models and patents protect your invention in Austria, but differ in important ways. The term of protection for a utility model is a maximum of ten years from the date of filing, while for a patent it is a maximum of 20 years. The utility model procedure is shorter because registration is possible even if there is relevant prior art. The disadvantage is that the risk of invalidation, which may also be based on the prior art as per the search report, is higher than with a patent.
Another difference is that utility models do not offer any tax or commercial law benefits, nor do they provide the option to defer fees. Conversion to a patent application is possible at any time until the expiration of the time limit following the receipt of the search report – though this time limit may be extended.
As with patents, certain areas are excluded from Utility Model protection
- Discoveries, scientific theories, and mathematical methods
- Aesthetic creations
- Schemes, rules, and methods for performing mental acts, for doing business, for games, or for computer programs
- The mere presentation of information
- Inventions that contradict generally accepted laws of nature, such as a perpetual motion machine
Unlike a patent, however, Utility Models can protect program logic of a technical nature – but not microorganisms.
A utility model is less expensive than a patent. The costs consist of an application fee(including ten claims) starting at €210 (for online applications) and a registration fee that currently stands at €135.
If there are more than ten claims, additional claim fees apply. Those who opt forexpedited registration pay a surcharge but, in return, receive protection more quickly through registration following a positive review for registration criteria – though they must forgo the option to amend the claims after the search report is issued. You can find an overview of the fees for a utility model application here
Yes, and this is an important advantage over a patent: A six-month grace period applies to utility models. This means that publications of your invention made within six months prior to the filing date by yourself, your legal predecessor, or a third party in bad faith do not affect novelty. This means that such publications do not jeopardize your protection – you can still file the utility model application. With a patent, this grace period does not exist.
In that case, the invention must not have been published at the time of filing – regardless of who published it or where in the world.
Utility model: the main advantages and disadvantages
+ Faster protection due to a shorter procedure
+ More affordable than a patent
+ Six-month grace period for novelty
+ Registration possible even with a negative search report
– Maximum term of protection: ten years
– No tax benefits
– Greater risk of a third party filing for invalidation
– Microorganisms cannot be protected
Utility model: Here's how it works
You can file a utility model application in several ways:
Digitally via our Online Filing Patent
- Submitting the application by mail
- Submission at the Customer Service Center of the Austrian Patent Office
Applications submitted by email are not accepted.
The easiest and fastest way to file is via Online Filing: This makes it easier to meet the formal requirements, and your application will be processed digitally right away.
You must include the following with your application for registration of a utility model:
- A detailed description of your invention
- A summary
- Your claims – that is, the exact features for which you are seeking protection
- Any figures or illustrations
Please describe your invention in sufficient detail that experts are able to reproduce it based on your description. Please note that technical features cannot be added after filing without losing priority. Additional details require a new application.
A quick guide to drafting an application can be found here. We have also compiled a fact sheet outlining common mistakes to avoid when filing an application.
You can find further tips for your application documents in the information sheet “Guidelines for Drafting Patent and Utility Model Application Documents.”
After filing, the Austrian Patent Office first checks whether your documents meet the formal and legal requirements. If everything is in order, you will receive a search report on the novelty and inventive step of your claims.
After receiving the search report, you can still amend your claims – except in the case of expedited registration, where you waive this right.
Once you pay the registration fee, your utility model will be registered – even if the search report is negative. In this case, however, invalidation proceedings are particularly likely, especially if you later issue a cease and desist letter or file a lawsuit against someone for infringing your utility model.
The examination of a utility model application follows clearly established guidelines.
Utility model protection begins with the publication of the registration in the Utility Model Gazette. Your utility model will be entered in the utility model Register, the utility model specification will be made available on see.ip, and a certificate will be issued.
On average, it takes eleven months to complete the registration process. Those who need protection more quickly can apply for expedited registration for an additional fee.
In this case, registration takes place immediately after a positive review for registration criteria — the search report is usually prepared separately afterward. However, in this case it is no longer possible to make subsequent amendments to the claims.
If an official deadline is extendable, an extension may be requested.
In the application process, a request forfurther processing may be filed after an application has been rejected due to a missed deadline. The request must be filed within two months of the notice of rejection being served, the omitted action must be completed, and the fee for further processing must be paid. A statement of reasons for failing to meet the deadline is not required.
The fee for such a request is €156
Anyone who misses a deadline due to an unforeseen or unavoidable event and who suffers a legal disadvantage as a direct result may request reinstatement of that deadline. This may be done within two months after the obstacle ceases to exist, but no later than twelve months after the deadline has expired. The request must state the circumstances that prevented compliance with the deadline and provide supporting evidence. At the same time as the request is filed, the action that should have been taken within the missed deadline must be completed.
An application for reinstatement costs €288
Forms as PDFs
We recommend submitting your application through Online Filing Patent. If you prefer to file by mail, please send an email to info[at]patentamt.at, and we will provide you with the appropriate PDF form.
Did you invent something at work?
Does your employment contract include a clause on inventions? If so, your employer may be able to claim an employee invention – if it falls within the company's field of business – and you are obliged to report it without delay. In any case, you are entitled to fair compensation. Any questions? We are happy to advise you.
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