We will be happy to provide you with more detailed information on your specific situation in person (PHONE +43 1 53424 or info(at)patentamt.at).
Your provisional patent application must contain an exact description of your invention with all technical features that are necessary for the functioning of your invention. Features that you also intend to disclose on your website, in advertising brochures or in other presentations should be included in any case. Technical drawings are also good to supplement the description. In short, the more and more detailed you describe your invention, the better.
It can, but does not have to contain:
IMPORTANT. The priority date of your provisional patent application applies only to features that you actually disclose in your description. It is not possible to add features after the fact.
You pay EUR 50,- during the online application. In case you upgrade, the research and examination fees EUR 272,- will be due. In case you do not upgrade, you have only risked EUR 50,-.
After your PRIO application, you should decide within twelve months whether you want to upgrade and make it a regular patent application. You will receive reminders from us: each time after about three and eight months. Upgrading is a prerequisite for your invention to become a patent from the PRIO application.
The process in detail:
An early upgrade has the advantage that you will receive the search report, which we will do for you, in time and can think about further steps, such as an international application for your invention. If you want to internationalize, you should upgrade in time, about three months after the PRIO filing.
You can also make the decision not to pursue patent protection for this innovation. Then no upgrade will take place and the PRIO application will expire and the application process will be discontinued.
An invention must - among other things - be new worldwide in order to obtain a patent on it. With the PRIO application you can secure the filing date, the so-called priority. You can claim this within twelve months for an international application - i.e. you take your filing date of the PRIO application with you. Your invention will be treated in other countries in the same way as your first application. You have priority in terms of time.
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