Possible changes regarding inventions
Information and data regarding inventors and holders of intellectual property rights such as patents and utility models can be changed during the application phase and the term of protection.
If your name or that of your company changes or if you transfer rights or submit a power of representation, we require corresponding proof.
You can submit these kinds of changes easily, securely, and conveniently online via our Online Filing system.
The name or address of the applicant or the inventor may change without the holder of the name changing (e.g., due to a company name change, marriage, or divorce). It is not legally necessary for this change to be entered in the register, but it is recommended.
Name changes are subject to a fee and must be supported by relevant documents (extract from the commercial register, marriage certificates, etc.). A request for this type of change costs €100.
Changes in representation are free of charge and do not require supporting documents. A representative is required to submit proof of their power of representation. For professional representatives (patent attorneys, lawyers, or notaries), referencing the granted authorization is sufficient.
Austria currently does not require inventors to be named in the application. However, inventors are entitled to be named and can enforce this right through a special procedure before the Patent Office.
The application to be listed as an inventor is free of charge.
If you transfer a property right in whole or in part to a new holder through a legal transaction (sale,purchase,gift, etc.), you will need proof of this, such as a unanimous written statement from the previous holder and the new holder, a deed of transfer, or a purchase agreement.
In the case of a transfer due to a merger, division, or conversion of the company, or due to inheritance, proof must be provided by submitting relevant documents, e.g., by presenting a certificate of inheritance with confirmation of legal validity or extracts from the commercial register or other relevant registers demonstrating legal succession.
To acquire a property right, an application for the transfer of the property right must be filed with the Austrian Patent Office. If approved,
- for applications, the transfer of the right to the application is noted
- for granted intellectual property rights, entry in the respective register is ordered
The fee is €147,- per invention concerned.
A complete or partial renunciation of a property right may only be requested by the registered holder (or their representative).
The renunciation is free of charge and irrevocable.
Templates for Requests for Changes
We recommend submitting all changes through Online Filing. If you prefer to submit your request by mail, please send an email to info[at]patentamt.at, and we will provide you with an appropriate PDF template.