Annual Technical Report 2005 on Patent Information Activities submitted by Austria (SCIT/ATR/PI/2005/AT)

 

Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.

The term "patent" covers utility models and Supplementary Protection Certificates (SPCs). Offices which issue design patents should report their design patent information activities in their Annual Technical Reports on Industrial Design Information Activities.

 

I. Evolution of patent activities

Changes experienced in terms of application filings and grants with respect to the previous year

The numbers of applications, grants and registrations in 2005 in Austria are presented together with the number in 2004 (=100%).

National patent, applications
2.373 in 2003
2.514 in 2004 +5,94% in view of 2003
2.505 in 2005 +- 0% in view of 2004

Granted national patents
1.359 in 2003
0.961 in 2004 - 29,29% in view of 2003
0.938 in 2005 -7% in view of 2004

Granted European patents with AT as designated state
26.646 in 2003
28.223 in 2004 + 5,91% in view of 2003
28.640 in 2005 +1,5% in view of 2004

Utility model, applications
1.050 in 2003
1.067 in 2004 + 1,62% in view of 2003
0.989 in 2005 -7,3% in view of 2004

Utility model, registrations
711 in 2003
731 in 2004 + 2,81% in view of 2003
776 in 2005 +6,2% in view of 2004

Supplementary protection certificate, application
33 in 2003
32 in 2004 - 3,03% in view of 2003
43 in 2005 +34% in view of 2004

Supplementary protection certificate, registration
30 in 2003
25 in 2004 - 16,67% in view of 2003
39 in 2005 +56% in view of 2004

Trends or areas experiencing rapid changes with respect to the previous year

Corresponding to the structure of the Austrian industry the majority of applications were filed in the fields of

26% process engineering and transportation
22% human necessities
14% mechanical engineering
13% fixed construction
12% physics

These leading industrial sectors correspond to the leading sectors of the preceding years, only the sequence within these sectors changes from year to year.

II. Matters concerning the generation, reproduction, distribution and use of primary and secondary sources of patent information

Publishing, printing, copying (main types of publications of the office in the field of patent information, etc.)

The Patent Gazette and Utility Model Gazette are published monthly on the Internet and in paper form. Copying is done by a private company by order of the Austrian Patent Office.

AT examined patent applications laid open for public inspection (laid open for a time period of 4 months) are stored for 4 months in a document database which is accessible in the library of the office. The laid-open documents are also published on CD-R. This was valid for patents granted before July, 1st 2005.

With July 2005 a new patent law has entered into force. Since then, Austrian patent applications are published 18 months after the priority date, like in most other countries. For this, a publication server, based on the publication server of the European Patent Office, has been installed and is accessible under http://www.patentamt.at/Home/daspatentamt/PubServ/Pubserv.html.

Since then, unexamined Austrian patent applications are published as A1 (with a search report), A2 (without a search report), A3 (only the search report) 18 months after the priority date. The ST.16 code A4 is used for published unexamined applications which are published together with the granted patent before 18 months.

Online information about Austrian property rights is accessible at terminals in the library and information centre.

Internet-access (number search) to bibliographic data and about amount and time-limit for the next renewal fee is given for free. Priced Internet access for more search criteria and to register information is given to registered users since January 1999.

Main types of announcements of the Office in the field of patent information

Patent Gazette, Utility Model Gazette, Internet, in-house online database.

An Internet Publication server for patent and utiltiy model documents is online since September 2005.

Mass storage media used (paper, microforms, optical storage, etc.)

Austrian patent and utiltiy model specifications are published on CD-ROM (MIMOSA). Since September 2005 also on the Austria's Patent Office web site / Publication server.

Paper forms, microfilm, microfiche, CD, DVD are used as mass storage media.

Word processing and office automation

Mostly MS Word ist used, except some letters generated on the legacy host-system.

(New) techniques used for the generation of patent information (printing, recording, photocomposing, etc.)

Since July 2005, the patent applications are scanned by an in-house scanning team with EPO-Scan and prepared for the publication on the Internet publication server.

III. Matters concerning abstracting, classifying, reclassifying and indexing of technical information contained in patent documents

Abstracting, reviewing, translating

Patent applicants have to provide an abstract drafted according to national rules similar to WIPO Standard ST.12/A. This abstract is subject to the examination as to formal requirements. The abstracts are only published on the first page of patent documents (Ax, Bx).

Austrian patent documents are reviewed by Derwent Publications Limited and available through the Derwent World Patents Index databases (WPI).

Classification and reclassification activities; Classification system used, e.g., International Patent Classification (IPC), other classification (please indicate whether or not patent documents are classified by your Office and, if so, which classification is used)

Filed patent and utility model applications and published documents are classified according to the last IPC edition (7th edition). For search purposes the IPC, ECLA and the Japanese classification systems are used. Reclassification of patent documents is not carried out.

Internal training courses on the use of the IPC, ECLA and the Japanese classification systems were held for the technical examiners in 2005.

Preparatory work on the implementation of the new reformed IPC system has been undertaken. With 2006 the Autrian Patent Office uses the IPC advanced level for classification.

IV. Search file establishment and upkeep

File building

The classified search files of the technical examiners cover all documents of the PCT minimum documentation.

Since 2003 the APO uses the full version of EPOQUE via Patnet.

Documentation from other offices maintained and/or considered part of the available search file

The Austrian Patent Office receives patent documents from: Armenia, Australia, Belarus, Belgium, Bulgaria, Denmark, Germany, Finland, France, Georgia, Italy, Japan, Serbia and Montenegro, Canada, Latvia, Lithuania, Luxembourg, Moldova, Mexico, New Zealand, Netherlands, Norway, Poland, Romania, Russia, Sweden, Switzerland, Slovakia, Slovenia, Spain, Tajikistan, Czech Republic, Ukraine, Hungary, Uzbekistan, United States of America, United Kingdom, Vietnam and from the four international organisations ARIPO, EPO, OAPI and WIPO. These documents can be searched in the library of the Austrian Patent Office, too.

V. Activities in the field of computerized and other mechanized search systems

In-house systems (online/offline)

The legacy systems are running on a SIEMENS mainframe (SR2000), providing administration of bibliographic data, of patent, trademarks and utility models as well as industrial designs in the whole application process.
Online registry information is provided via internet.

It is planned to migrate the existing legacy-systems relating to patents and utility models to common software soprano (toolbox-concept of EPO) in 2007.

External databases

Access to EPOQUE-NET, epoline, QUESTEL, STN, Internet- databases (ELSEVIER, IEEE... )

Internet Access is available to all examiners at their desk top.

Administrative management systems (e.g., register, legal status, statistics, administrative support, etc.)

The paperless administration system for search and examination requests, including PCT international applications, was extended to the processing of patent and utility applications and became operational in May 2002. The SQL-based system allows the input of all reports in the area of patents and utility models directly on the terminal with transfer to a host and processing of the fair copy.

Statistical tools are employed to ensure quality and time-limits.

The register still works with the legacy host-system and it is planned to move to Soprano with 2007.

Equipment used (hardware, including the types of terminal and network used, and software), carriers used

Hardware: Pentium III 800 MHz for all examiners via Ethernet-Lan, leased lines to Internet and EPO (Vienna, The Hague); Host Siemens BS2000.

Software: Windows Operating System (Win2000, WinXP), MS-Office, B-DOOR/FirstPage+, MS Internet Explorer, STN-Express, Questel Imagination, In house document-management systems for establishing search & examination-reports.

VI. Administration of the industrial property office library and services available to the public (relating to facilities, e.g., for lodging applications, for assisting clients on searching procedures, for obtaining official publications and registry extracts)

Planning, administration, automation, security, buildings

The library is a public library. 38 million patent documents, more than 98.000 volumes of non-patent-literature and 90.000 privileges (forerunners of patent documents) are the basis of the collection.
The catalogue of the stock of the documentation is online accessible for in-house purposes and for the public.

Collecting, acquisitions, preparation

The Austrian Patent Office receives the patent documentation according to free-of-charge-exchange agreements between offices. Non-patent-literature from other libraries and documentation centres in Europe is ordered by the members of the office and delivered within 24 hours by the staff of the library.

Collection management, preservation

A list of the complete patent documentation and the non-patent literature is published on Intranet.

Interlibrary lending, resource sharing, networks of patent libraries in the country

The library of the Austrian Patent Office is not a lending library. Interlibrary lending is done to a small extent for other patent offices and governmental institutions.
The PATLIB network in Austria consists of 8 patent information centres all over Austria.

Information services available to the public (including computerized services and search files contained in libraries remote from your Office and patent information posted by your Office on the World Wide Web)

Online database access concerning all Austrian patents and utility models in force is given directly at the information centre and via Internet. Information is also provided by telephone, e-mail or as answers to written requests.

From journals containing general information about patents and patent information (WPI, etc.) single articles are treated as a complete monograph and put into the online-catalogue. These articles can be found under the author or/and the catchword.

The Homepage of the Austrian Patent Office is accessible in German and English.
The address is: www.patentamt.at . Under the heading “News” new developments in the office, announcements for seminars and training-courses are published.

VII. Matters concerning mutual exchange of patent documentation and information

International or regional cooperation in the exchange of machine-readable information, e.g., bibliographic data, abstract and/or full text information

As the Austrian Patent Gazette and the Austrian Utility Model Gazette are published on the Homepage most of the countries stop the exchange of paper copies.

Medium used for exchange of priority documents

Priority documents are exchanged in paper form.

Medium allowed for filing applications

Applications can be filed in paper form or submitted as telefax.

Implementation of the Statement of Principles Concerning the Changeover to Electronic Data Carriers for the Exchange of Patent Documents (please provide a status report on the extent to which your Office has changed over to electronic data carriers for the exchange of patent documents)

Since 2003 the Austrian Patent Office has stopped the publication of the paper version of the Patent Gazette and the Utility Model Gazette and has changed over to put these publications on Internet. Since that time the paper production was reduced.
Austrian Patent specifications are published on CDs from 1991 onwards.
The whole Austrian patent documentation (A, B, B8, B9, U1,U2,U3,U8,U9) is included in the BNS system.
The Austrian Publication Server covers Austrian patent documents published by the Austrian Patent Office from 2005/09/25 onwards. Each monthly XML file in the list contains the list of Austrian patent documents published at the corresponding date.

VIII. Other relevant matters concerning education and training in, and promotion of, the use of patent information, including technical assistance to developing countries

Training courses for national and foreign participants, use of audiovisual means

Training courses and exchange of information were held for participants from Bahrain, China, GCC and Korea during 2005.

Audiovisual means: Power Point Presentations.

Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)

Training courses are held for patent experts from developing countries in co-operation with the WIPO since 1977. Patent information and documentation are the main topics. The participants in the WIPO/Austria Training Course 2005 came from Belarus, Bosnia & Herzegovina, Jamaica, Kazakhstan, Malawi, Romania, Saudi Arabia, Uzbekistan, Thailand and Ukraine.

The program of the course provided practical training in the use of the International Patent Classification for file organization and searching as well as in the methodology of retrieving information from patent literature in search files and from online databases for patent examination, state-of-the-art searches and other technological information purposes.
Furthermore the curriculum included a demonstration of the Austrian Patent Office's operation and administration, applications of the Internet as well as CD-ROM technology and utilization.
The training course provided also information about international treaties such as TRIPS, PCT, SPLT and EU-COMPAT as well as basic knowledge about trademarks and design.

The Austrian Patent Office participates in the examination of patent applications, which were submitted by patent offices of developing countries on the basis of an agreement with the WIPO since 1986. 38 applications from Vietnam were transferred for treatment to the Austrian Patent Office in the context of this “International Cooperation for Search and Examination of Inventions” (ICSEI) project in the year 2005.

Promotional activities (seminars, exhibitions, visits, advertising, etc.)

Since the 1980’s the Austrian Patent Office has been organizing training courses and seminars to an increasing extent both in the office and externally in Austria’s provinces in order to facilitate an efficient use of industrial property rights in the practical business and to inform future decision makers about the instruments of intellectual property.

External seminars are frequently organized together with partners, like the Chamber of commerce (WKÖ), Institute for Promotion of Trade and Industry (WIFI), Austria wirtschaftsservice (AWS), Forschungsförderungsgesellschaft (FFG), technology transfer centers, universities, other authorities, inventor’s federation or the bar association. The cooperation with partners frequently improves the contacts with the target groups using the existing communication structure. Seminars take place also in cooperation with other patent offices.

In order to expand these demanded training course activities additionally two seminar series were started in the Austrian Patent Office in 2001, which are organized by the Austrian Patent Office/serv.ip (Service and Information Sector.) As a result of the interest, these seminar series were continued in 2005. One of said seminar series concerns an overview of the industrial property rights. The second seminar series deals with special topics, e.g., software protection, biotechnology, national, community and international trademarks etc., and is arranged under consultation of external experts in the respective area.

Furthermore, 2005 a tour (roadshow) in Austria’s provinces was realized by the APO and partners with the goal to improve information on industrial property protection especially for SMEs.


A further important information platform, in particular for professionals, who are potential clients of the patent office, but did not yet contact the office due to a lack of basic information, are domestic and international trade fairs. The Austrian Patent Office was represented in the year 2005 in four fairs.

Summarising the activity in this field:
in total 46 seminars and events for universities, high schools, SMEs and the general public with 8875 participants.

IX. Other relevant matters

Fur further information about activities of the office in 2005, one may also refer to the “Annual Report of the Austrian Patent Office 2005”, published in German and English on the Homepage of the office http://www.patentamt.at/geschaeftsbericht2005 .

 


1.Classification is allotting one or more classification symbols (e.g., IPC symbols) to a patent application, either before or during search and examination, which symbols are then published with the patent application.

 

2.Preclassification is allotting an initial broad classification symbol (e.g., IPC class or subclass, or administrative unit) to a patent application, using human or automated means for internal administrative purposes (e.g., routing an application to the appropriate examiner).  Usually preclassification is applied by the administration of an office.

 

3.Reclassification is the reconsideration and usually the replacement of one or more previously allotted classification symbols to a patent document, following a revision and the entry into force of a new version of the Classification system (e.g., the IPC).  The new symbols are available on patent databases.