Trademark registration, copyright, patents, trade secrets and IP litigation.
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EU trademark registration (EUTM) covers all 27 EU member states in a single filing. For non-EU countries, separate national registrations or Madrid Protocol filings are needed.
EU trademarks typically take 4–6 months if unopposed. A lawyer can handle the filing, respond to office actions and monitor for infringement.
Browse our verified directory of law firms across Austria's major cities. All listed firms offer English-language legal services to expats and foreign nationals.
Find My Lawyer in 60 SecondsAustrian intellectual property law is governed by the Markenschutzgesetz 1970 (MSchG) for trade marks, the Patentgesetz 1970 (PatG) for patents, the Gebrauchsmustergesetz (GMG) for utility models, the Musterschutzgesetz 1990 (MuSchG) for designs, and the Urheberrechtsgesetz 1936 (UrhG) for copyright. The national IP authority is the Oesterreichisches Patentamt (OePA) in Vienna.
| IP Right | Application Fee | Protection Duration | Renewal |
|---|---|---|---|
| Austrian Trade Mark (1 class) | EUR 340 (online) / EUR 395 (paper) | 10 years, renewable | EUR 340/class per 10 years |
| Austrian Trade Mark (each additional class) | EUR 70 | 10 years | EUR 70/class per renewal |
| Austrian National Patent | EUR 325 (application) + annual fees from year 3 | 20 years max | Annual fees (Jahresgebuehren): EUR 60 (yr 3) rising to EUR 1,450 (yr 20) |
| Utility Model (Gebrauchsmuster) | EUR 180 | 10 years max (4+4+2) | EUR 90 (yr 5 renewal), EUR 135 (yr 9 renewal) |
| Registered Design (Muster) | EUR 115 (1 design) | 25 years max (5+5+5+5+5) | EUR 65 per 5-year renewal |
| EU Trade Mark (EUIPO, 1 class) | EUR 850 (online) | 10 years, covers all 27 EU states | EUR 850/class |
| European Patent (EPO) | ~EUR 4,200 (filing + search + examination) | 20 years (validated per country) | National annual fees post-grant |
Copyright in Austria arises automatically upon creation (no registration). Duration: author's life + 70 years (UrhG 60, aligned with EU Directive 2006/116/EC). Software: protected as literary works (UrhG 40a-40e); computer programs created by employees in the course of employment belong to the employer (UrhG 40b). Leistungsschutzrechte (neighbouring rights): performers, phonogram producers, broadcasters - 50 years (UrhG 66-76). The VdFS and AKM are the main collective rights management organisations.
The Gesetz gegen den unlauteren Wettbewerb (UWG) 11 (as amended to implement Directive 2016/943) protects trade secrets. Requirements: information is secret; has commercial value because it is secret; reasonable steps taken to keep it secret. Remedies: injunctions, damages, delivery up. Limitation: 3 years from knowledge of infringement and infringer (UWG 20).
A Graz-based AI startup with 12 employees developed a proprietary machine learning framework. They faced a common Austrian IP dilemma: whether to patent the core algorithm, rely on trade secrets, or open-source the base layer. Austrian Patentanwalt advice: (1) Core differentiating algorithm: file national patent (PatG) first (EUR 325) to establish priority date, then file EPO within 12 months. (2) UI components: register as Muster (design) at OePA. (3) Codebase: open-source the data processing layer under MIT licence, retaining proprietary SaaS layer. (4) Team NDAs under UWG 11. The patent application took 28 months from filing to grant at OePA. The startup was acquired 3 years later for EUR 8.5 million; the granted patent was cited by the acquirer as a key justification for the 2.4x revenue multiple.
