Changes to the Register Regarding Inventions

The name or address of the applicant or of the right holder may change without the person or entity bearing the name actually changing (e.g., due to a change of company name, marriage, or divorce).

It is recommended that you promptly file a request for acknowledgement or entry in the relevant registers to avoid problems with service of documents. This is even required under service of documents legislation if you are a party to proceedings of which you are aware (e.g., ongoing application, opposition, or invalidity proceedings).

Please note: A change to a foreign address may require the notification of a legal representative or an agent authorized for service of documents (see below).

Changes of names are subject to a fee and must be evidenced by the relevant documents (extract from the commercial register, marriage certificate, etc.). A request to change a person or entity’s name is subject to a fee of €100.

Here you can find a non-binding template for the change of address.

Notifying a change of representative is free of charge and does not require supporting documentation.

Representation by a patent attorney is recommended when filing for a patent. If you are a resident or have a place of business in Austria, however, the law does not require any representation. In addition to representation by a patent attorney, attorney-at-law, or notary, you may also choose a non-professional representative if you are a resident or have a place of business in Austria.

If you have neither a residence nor a place of business in Austria, however, you are required to designate a professional representative authorized to act on your behalf in Austria (patent attorney, attorney-at-law, or notary). If you are domiciled or have a place of business in the EEA or Switzerland, an Austrian agent authorized for service of documents (Zustellungsbevollmächtigte:r) is sufficient.

Non-professional representatives are required to submit a written power of representation. For professional representatives, it is sufficient to refer to the power of representation that has been granted.

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.

In ongoing proceedings or in relation to existing national Patent or utility model rights, responses to official correspondence may be submitted – either along with additional documents or simply on one’s own initiative.

The pleadings and documents must be uploaded as PDF files in uncertified form. Summaries or explanatory notes may also be provided in a comment field.