Effective as of June 22, 2026
1. Scope, fees, amendments to the GTCs in the case of continuing obligations, severability clause
1.1 These General Terms and Conditions (GTCs – Allgemeine Geschäftsbedingungen) apply to the performance of services and information (performance, Leistung) provided by the Austrian Patent Office (APO) under § 57b Austrian Patent Act and § 22 Austrian Trademark Act on a private-law basis, without any public-law capacity.
1.2 Special provisions in concluded contracts take precedence over these GTCs.
1.3 The fees, calculated at the time of conclusion of a contract pursuant to § 33 Patent Office Fees Act (PAG) and published in the Austrian Patent Gazette, form an integral part of these GTCs. For performance that is not offered on a regular basis, a fee must be agreed upon on a case-by-case basis in accordance with § 33 PAG, second sentence. When calculating the fee, the respective labor and material costs must always be considered.
1.4 Deviations from these GTCs are effective only if they have been confirmed in writing by APO. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), any confirmation of a deviation from these GTCs by APO is not required to be in writing (§ 10(3) KSchG).
1.5 The customer’s own GTCs are expressly excluded for the entire business relationship. In particular, the mere failure of APO to object to another’s GTCs does not result in those GTCs being deemed agreed upon.
1.6 In the case of continuous obligations (Dauerschuldverhältnisse), should there be a change whether an increase or a decrease — in the fee during the term of the contract, which is calculated in accordance with § 33 PAG and announced through a corresponding publication in the Austrian Patent Gazette — the new fee shall be payable as of the effective date of the change. The customer will be informed of any changes in advance. In the event of a fee increase, the customer is entitled to a special right of termination (Sonderkündigungsrecht, see Section 7.3 of these GTCs).
1.7 For types of performance that are not offered on a regular basis, in case they constitute continuous obligations, a change (increase or decrease) in the fee may be agreed upon on a case-by-case basis.
1.8 Should individual provisions of these GTCs be wholly or partially invalid or void due to statutory provisions, the remaining provisions of these GTCs shall remain in full force and effect. The invalid or void provision shall be replaced by a provision that most closely approximates the economic and legal purpose of the original provision. In transactions with consumers, the invalid or void provision shall be replaced by the provision prescribed by statutory law for consumers.
2. Performance of services and information (performance), information materials, disclaimer for the website
2.1 The essential content of the performance offered on a regular basis by APO can be found on the website (www.patentamt.at) and in the information materials available at the Customer Service Center.
2.2 The information regarding the essential content of the types of performance offered by APO on a regular basis — such as descriptions, scope, or details regarding fees — has been prepared to the best of our knowledge. However, APO assumes no liability for any typographical or printing errors, nor for the timeliness, accuracy, completeness, or quality of the information provided online or in paper, unless damage was caused in this context by APO or one of its vicarious agents (Erfüllungsgehilfen) through gross negligence or willful misconduct (grobe Fahrlässigkeit oder Vorsatz) within the meaning of § 1313a Austrian General Civil Code (ABGB).
2.3 The scope of the types of performance not offered by APO on a regular basis must be agreed upon on a case-by-case basis.
3. Order, customer retention, conclusion of contract, disclosure of business information
3.1 The descriptions of APO’s types of performance on the website or in the available informational materials do not constitute an offer to conclude a contract with the customer. Rather, the customer is invited to submit an offer to conclude a contract on the terms specified by APO (i.e. the order). A contract is concluded only upon APO’s acceptance of the order.
3.2 By submitting their order, the customer agrees to these GTCs and is bound by them. APO expressly makes the customer aware of these GTCs prior to the placement of the order.
3.3 Orders may generally be submitted either electronically via APO’s website, by submission in person, or via mail. APO, however, reserves the right to request that orders for certain types of performance be only submitted electronically. An order is placed online on APO’s website or by means of a form completed and signed by the customer and expressly approved by APO for this purpose. An order placed by any other means requires a separate written agreement.
3.4 Unless specified otherwise, the customer is bound by their offer to conclude a contract for a period of two weeks from the time the order is received by APO. The customer is expressly made aware of this period and of the significance of the customer’s declaration (i.e. the order). If an order confirmation (acceptance of the customer’s offer) can be issued immediately after the order is placed, the customer will receive a combined acknowledgment of receipt and order confirmation.
3.5 The offer may be accepted by APO either expressly or by conduct (conclusively).
3.6 For the transmission of legal notices, the customer must provide an email address in the online order form.
3.7 The customer is liable for the accuracy and completeness of the business and contact information provided to APO in the course of business transactions. In case of continuous obligations, or if the contractual obligation has not been entirely fulfilled by both parties, the customer must immediately notify APO in writing of any changes to the information provided. APO assumes no further obligation to verify the customer’s identity. APO shall not be liable for any loss or damage resulting from a breach of this provision by the customer.
4. Rendering of performance by APO, performance deadlines, place of performance, transfer of risk
4.1 Performance must be rendered within a performance period specified according to Section 2.2 of these GTCs or agreed upon otherwise. In the absence of a separate agreement, services must be provided within 30 days of the conclusion of the contract. The performance must be made available to the customer within the respective time period.
4.2 If the customer is a consumer within the meaning of the KSchG and is entitled to a right of withdrawal (see also Section 6 of these GTCs), the performance period begins in all cases — including when a specific performance period has been agreed upon separately — only after the two-week withdrawal period has expired. If the customer expressly declares that they require performance from APO before the expiration of the withdrawal period, the respective performance period begins upon APO’s receipt of this declaration from the customer.
4.3 To the extent that partial performance is possible, it is also legally permissible. Each partial performance is considered a separate transaction and may be invoiced separately by APO.
4.4 The place of payment and performance for all services is APO’s registered office at Dresdner Strasse 87, 1200 Vienna, Austria.
4.5 Performance that is not sent online will, at the customer’s request, be provided using standard shipping methods (mail, delivery services, etc.).
4.6 The performance is sent via email or by mail to the address provided by the customer. If the service fails due to incorrect, incomplete, or unclear contact information provided by the customer, the customer bears the associated risk (see also Section 3.7) as well as all additional costs (for which the customer is at fault) incurred by APO as a result.
4.7 Risk and incidental events (Gefahr und Zufall) pass to the customer at the time the performance is handed over to the carrier (postal service, delivery services, etc.), provided that the customer is not a consumer within the meaning of the KSchG. From this point on, the customer bears the risk of loss, destruction, or damage to the services through no fault of their own.
4.8 If performance delivered online is lost or arrives damaged, APO will, upon notification by the customer, make the digital data available again via email, provided that the reasons for the loss or damage lie within APO’s sphere of control.
5. Fees, terms of payment, default in payment and performance, right of use and retention of ownership
5.1 The amount of the fee for APO’s performance is governed by Section 1.3 of these GTCs. For fee changes in continuing obligations, Sections 1.6 and 1.7 of these GTCs apply.
5.2 In addition to the fees, costs for packaging and shipping may apply, which are borne by the customer.
5.3 The customer must pay the fee by credit card or eps online transfer, or via bank transfer to APO’s account. APO reserves the right to restrict payment for certain types of performance to one of the methods mentioned.
5.4 APO is not subject to value-added tax (VAT, Umsatzsteuer). Invoices do not include VAT amounts; therefore, there is no right to deduct input tax (Vorsteuerabzugsberechtigung) for commercial or professional activities.
5.5 Unless agreed otherwise, invoices issued by APO are payable within 14 days of the invoice date, without any deductions and free of bank charge. In the event of late payment, statutory default interest rates apply in accordance with § 1000(1) ABGB or § 456 Austrian Commercial Code (UGB).
5.6 In the event of late payment, the customer is obligated to reimburse, in addition to the statutory default interest, all reminder and collection fees (Mahn- und Inkassospesen) incurred as a result of such late payment and necessary for the appropriate legal pursuit of the claim, provided that these were culpably caused by the customer and are reasonably proportionate to the claim being pursued. No charge will be calculated for reminder letters sent by APO. If a debt collection agency is commissioned, the customer will be charged no more than the amounts specified by the Ordinance of the Federal Minister of Economic Affairs on Maximum Rates for Fees Charged by Debt Collection Agencies.
5.7 APO shall not be held liable for delays in delivery or performance resulting from force majeure or from events unforeseeable at the time of contract conclusion that significantly impede or render impossible APO’s performance, such as the failure or disruption of communication networks or acute staff shortages, even in the case of binding performance periods and deadlines. Such circumstances entitle APO to postpone the rendering of performance for the duration of the hindrance.
5.8 If, for the reasons stated in Section 5.7, APO is unable to meet the performance deadline, the customer will in any case be informed directly by APO.
5.9 APO reserves ownership and the rights of use to its performance until full payment of the fee has been made.
6. Rights of withdrawal
6.1 If the customer is a consumer within the meaning of the KSchG, the Austrian Distance and Off-Premises Sales Act (FAGG) applies to distance sales contracts and contracts concluded outside of business premises (Fern- und Auswärtsgeschäfte). A consumer may generally withdraw from such contracts within 14 days (see, however, Section 6.4 of these GTCs).
6.2 Pursuant to § 11(2) No. 1 or 3 FAGG, the withdrawal period begins on the day the contract is concluded.
6.3 If the customer withdraws from a contract for services after having requested that work on the service begin during the withdrawal period, and if APO has subsequently begun performance of the contract, the customer must pay an amount that, in proportion to the total contractually agreed price, corresponds to the performance provided by APO up to the time of withdrawal. If the customer withdraws from a contract for the delivery of digital content not stored on a tangible medium, the customer is under no obligation to pay for performance already rendered by the provider.
6.4 The customer has no right of withdrawal for distance contracts or contracts concluded outside of business premises regarding
- services, if APO — based on an express request by the customer and a confirmation of the customer’s awareness of the loss of the right of withdrawal upon full performance of the contract — has begun performing the service before the expiration of the withdrawal period and the performance has subsequently been fully rendered,
- the delivery of digital content not stored on a physical medium, if APO — with the customer’s express consent, accompanied by the customer’s acknowledgment of the loss of the right of withdrawal in the event of early commencement of contract performance, and after providing a copy or confirmation — has begun delivery before the expiration of the withdrawal period (§ 18(1) No. 11 FAGG).
6.5 APO informs the customer of their rights and obligations in accordance with legal requirements.
7. Termination of continuous obligations
7.1 A continuous obligation may be terminated in writing by the customer or by APO, subject to one month’s notice, effective at the end of each quarter. Special provisions in concluded contracts take precedence over this provision.
7.2 The customer and APO reserve the right to terminate the contract for good cause (wichtiger Grund). Good cause exists, in particular, if the customer or APO continues to violate essential provisions of these GTCs or of their contract despite a written warning notice.
7.3 In the case of continuous obligations, if the fee is increased in accordance with Section 1.6 of these GTCs, the customer is entitled to a special right of termination. However, reversal of the transaction for performance already rendered is not permissible.
8. Warranty
8.1 For consumers within the meaning of the KSchG, the statutory provisions on warranty (Gewährleistung) apply.
8.2 The presumption of defectiveness pursuant to § 924 ABGB is deemed excluded with respect to entrepreneurs (Unternehmer) within the meaning of the KSchG.
8.3 If the warranty claim concerns movable property and the customer is an entrepreneur within the meaning of the KSchG, the claim must be asserted in court within one year.
9. Liability
9.1 In accordance with statutory provisions, APO is liable in cases of intent or gross negligence, as well as for personal injury. APO’s claim for damages arising from a breach of material contractual obligations (wesentliche Vertragspflichten) is limited to the foreseeable damage typical of the contract. In cases of slight negligence, APO is liable up to a maximum of the agreed fee (except in cases of personal injury).
9.2 The burden of proof for the existence of gross negligence on the part of APO rests with the customer, unless the customer is a consumer within the meaning of the KSchG.
9.3 If the customer is an entrepreneur within the meaning of the KSchG, a maximum liability limit for APO of €100,000 is expressly agreed upon.
9.4 If the customer is an entrepreneur within the meaning of the KSchG, any claim for damages — subject to other exclusions — must be asserted in writing with APO within six months after the customer becomes aware of the damage. In this case, the statutory statute of limitations applies to the assertion of such claims in court.
9.5 In the case of services provided in the public interest for a fee lower than the respective labor and material costs, or free of charge (§ 33 PAG), APO reserves the right to enter into contracts only under an expanded limitation of liability.
10. Data protection
10.1 The customer is aware that, in the course of contract negotiation and performance, their personal data must be processed by APO and that such processing is lawful pursuant to Article 6(1)(b) of the General Data Protection Regulation (Regulation (EU) 2016/679 — GDPR).
10.2 For further information, please refer to APO’s Privacy Policy, which is brought to the customer’s attention during the ordering process.
11. Copyright
11.1 All copyrights are reserved.
11.2 The customer undertakes to respect the copyright of third parties, in particular the right to public distribution or reproduction for the public. In the event of a breach of this obligation, the customer shall indemnify and hold APO unharmed from any claims (schad- und klaglos halten) arising from the copyright of third parties.
12. Governing law and jurisdiction
12.1 Unless required otherwise by mandatory statutory provisions, it is agreed that Austrian law shall apply to all disputes, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and Austrian private international law.
12.2 Provided that the customer is not a consumer within the meaning of the KSchG, the sole jurisdiction of the competent court in Vienna is agreed upon for all disputes.
13. Miscellaneous
13.1 References to federal acts of parliament or ordinances relating thereto refer to the currently applicable version.
13.2 The German version of these GTCs shall be used for interpretation of the meaning of this English version.