PROTECTION CERTIFICATES ACT 1994 (Federal Act on Supplementary Protection Certificates)
1.– (1) Applications for protection certificates which supplement patents valid in Austria may be filed
with the Austrian Patent Office subject to the regulations of the European Community concerning the creation of supplementary protection certificates adopted in Austria.
(2) The application for a supplementary protection certificate shall be made in the prescribed written form either by direct filing or by mail.
2.– (1) On filing, a filing fee of ATS 3,000 shall be paid for each supplementary protection certificate. (2) Moreover, annual fees shall be paid for each supplementary protection certificate depending on
the period of protection. The annuities payable shall be as follows: for the first year........................................................ATS 28,000, for the second year ...................................................ATS 32,000, for the third year.......................................................ATS 36,000, for the fourth year ....................................................ATS 40,000, for the fifth year .......................................................ATS 44,000,
(3) The annuities shall be payable each year in advance as from the effectiveness of the supplementary protection certificate
1. for patents granted under the Patents Act 1970, Federal Law Gazette No. 259, on the anniversary of the publication of the application for the basic patent in the Patent Gazette or with patents pursuant to Sec. 110 of the Patents Act 1970 on the anniversary of the final grant, and
2. for patents granted under the European Patent Convention, Federal Law Gazette No. 350/1979, for the Republic of Austria as designated state on the last day of the month which bears the same name as the month of the filing date of the patent.
and may be paid by any person interested in the protection certificate. (4) The annuities may be paid three months before the due date. They shall be paid within six
months after the due date at the latest. Any payment after the due date shall entail a late fee of 20 per cent of the annuity in addition to the annuity.
(5) All annuities paid, but not yet due, shall be refunded if the protection certificate is abandoned or if it expires or is declared null and void.
3.– References concerning supplementary protection certificates which have to be made pursuant to the
provisions set forth in Sec. 6 shall be published in the Patent Gazette.
4.– The Austrian Patent Office shall be competent to pass decisions and take any other action relating to
supplementary protection certificates unless otherwise provided. In the Patent Office, the competence shall depend on the assignments in patent matters, the same divisions being competent for the proceedings for the grant of supplementary protection certificates as those for the proceedings for granting patents.
5.– Entries in the Patent Register relating to the basic patent shall apply also to the supplementary
protection certificate.