Patent Cooperation Treaty (PCT)

• You file once and secure a chance of protection in over 150 countries.
• You gain an additional 18 months to decide on your target markets – the “national phase” must be initiated 30 months after the priority date at the latest.
• With the international search report, you receive an in-depth assessment of your invention’s patentability before entering into costly national proceedings.
• Via a PCT application, you can also obtain a European patent and subsequently a Unitary Patent.

Tip: You can claim the priority date of an initial national Austrian application for your PCT application.
 

Any natural person residing in or holding citizenship of the PCT Contracting State where the application is filed, as well as any legal entity (e.g., a limited liability company or stock corporation) headquartered in that Contracting State, may file a PCT application. If there are multiple applicants, it is sufficient for one person to meet this requirement.

We recommend consulting a patent attorney before filing a PCT application—the process is complex, and professional assistance is well worth the investment.

Austrian applicants may file their PCT application with either:

• The Austrian Patent Office (APO)
• The European Patent Office (EPO)
• The International Bureau (IB) of WIPO

The office that receives the application is referred to as the Receiving Office in the PCT system.

For filing, we recommend WIPO’s ePCT online portal. To use this, you must create a WIPO account before filing the application. Other options include the Austrian Patent Office’s Online Filing Patent and the General Online Form (AOF). Filing by mail is also possible.

The Austrian Patent Office accepts PCT applications in German, English, and French. 

Please note: The language of the application form must match the language of the other documents.

You can find the current fees in our fee schedule. The fees for transmission, international application, and search must be paid to the Receiving Office within one month of the filing date.

In addition, national fees apply later upon entry into the national phases—these vary by country and often include translation costs.

A PCT application must contain the following components:

• Application form PCT/RO/101
• A description of the invention
• One or more patent claims
• Drawings, if necessary (color drawings are now also permitted) 
• An abstract

A PCT application generally designates all Contracting States—so you do not need to commit to specific countries at the time of filing.

The Receiving Office conducts a formal review of the documents you have submitted, assigns the international filing date, and forwards a copy to the International Bureau of WIPO.

The International Searching Authority (ISA) then conducts a search of the prior art. For Austrian applicants, the European Patent Office is generally the competent ISA. You will receive the international search report as well as a Written Opinion (assessment of patentability)—usually about 16 months after the priority date. Your PCT application will be published 18 months after the priority date.

After receiving the search report and the written opinion, you may amend your patent claims. However, amendments to the description or drawings are only permitted if you request the optional international preliminary examination.

In this process, the competent examining authority (International Preliminary Examining Authority, or IPEA for short) prepares an international preliminary examination report. This step can be used, for example, to have amended claims examined at the international level or to obtain an informed second opinion on negative search results.

No later than 30 months after the priority date, you need to enter the national phase in all countries where you actually want patent protection. This generally requires the payment of national fees, translations, and the appointment of a representative. If the deadline is not met, the opportunity to obtain a patent in the respective country is lost.

With international organizations such as the European Patent Office (EPO), you can similarly initiate a regional phase—this allows you to obtain a European patent via a PCT application and subsequently a Unitary Patent.

In Austria, you can apply to enter the national phase for patents or utility models. If the documents are not in German, a translation must be provided. You can easily enter the national phase in Austria online via our Online Filing Patent platform. If your PCT application was filed with the Austrian Patent Office, no fee is due; otherwise, a fee of €52 is payable.