Priority
On the date of correct filing, you obtain the right of priority, which gives your design precedence over a later design right.
The priority document confirms the filing date, and contains the original documents that can serve as proof at other patent offices.
If a priority right exists based on a prior foreign application filed no more than six months ago, this right must be explicitly claimed. A priority declaration is required for this purpose. It must include the filing date of the prior application, the country in which it was filed, and the application number. The priority declaration must be filed with the Patent Office within two months of the filing of the application. However, it is recommended that it be submitted along with the application.
In addition, an extract from the design register proves ownership and shows the filing details as well as the current legal status of your intellectual property right.
For a priority document the document fee of € 111,- will be charged.
You can obtain a certified extract from the register for €34.
A duplicate of a design certificate is free of charge.
If you require priority documents, official confirmations, confirmations of legal validity, official transcripts, or certifications, please contact:
Phone +43 1 534 24 - 76 or email prioritaeten[at]patentamt.at
You can download uncertified extracts from the design register in the register database see.ip.
For certified register extracts, please contact:
Phone +43 1 534 24 or email info[at]patentamt.at
We also provide the priority document electronically (via dual delivery or email) as a PDF document with a digital official signature – thereby granting it the evidentiary value of a public document in accordance with the E-Government Act.
You can verify the date and the signatory – the Austrian Patent Office – using the signature block.
The signature block is also visible on a printout of an officially signed electronic document, and the printout has the same evidentiary value as the electronic document itself.
WIPO Digital Access Service (DAS)
The Austrian Patent Office participates in the Digital Access Service (DAS) of the World Intellectual Property Organization (WIPO).
Advantage: You do not have to handle the forwarding of priority documents yourself.
To make use of DAS, you need to apply for a priority document from the Austrian Patent Office and indicate that you wish to use DAS. You will then receive a code from WIPO via email. Share this code with the patent offices where you wish to claim priority for your subsequent application abroad. The participating patent offices will then download the priority certificates themselves – provided that the respective patent office also participates in the DAS system.
You can find the participating patent offices here.
Further information can be found here.