Austria

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Austrian Basics

Austria was a central part of the Austro-Hungarian Empire, which had at least two large, elaborate and distinct patent offices, that of Austria itself, which may have administratively encompassed also lands to the north of what was at the time a greater Kingdom of Hungary, and that of Hungary, itself, which may have had admininistrative sovereignty of the Austro-Hungarian territory to the southwest of said greater Kingdom of Hungary. There may or may not have been other national offices.

In terms of per se Austrian inventor locations, there has been some variability in terms of national designation, even when comparing documentation across or within the conventions within the Anglo-Saxon world. Patent GB-1910-27294 locates Giulio Silvestri at No. 23, Wehrgasse, Vienna V., Empire of Austria, whereas Patent US-1910-1044600 locates the same inventor, filing the same invention, at Vienna, Province of Lower Austria, Austria-Hungary. That is, British documentation uses the word "Empire", while downplaying the greater Austro-Hungarian context, while the American documentation doesn't touch the word "Empire", but acknowledges Austria-Hungary as such. While we shouldn't make too much of any national philosophies or geopolitical interests as varying between the United Stataes and Great Britain, this sort of thing seems to be consistent across patents and may effect our data.

Many modern countries were in the Empire, and the way we classify patents and other items by country is uncertain for those in this empire.

Austria was itself larger during this period, aside from “the lands of the Crown of Saint Stephen”, which included Hungary as well as other territory, which reaches the Adriatic. Austria itself also reached the Adriatic, including such locations as Trieste, now in Italy.[1]

AT is an abbreviation in this wiki referring to Austria.

The terminology of patenting

Austrian patents list these dates variably, as applicable:

  • Zusatzpatent zum Patente: Additional patent to patent(s)
  • Angemeldet: submitted/registered, applied for (in Austria)
  • Beginn der Patentdauer: beginning of patent duration (presumably this can be called the 'date granted'?) ; a case for this being treated as date granted is that the usual delay between "Angemeldet" and "Beginn der Patentdauer" suggests to time allowing for examination. This is very unlike the German office's "Patentirt im Deutschen Reiche vom", of course.
  • Ausgegeben: issued, published
  • Längste mögliche Dauer: "Longest possible duration". This is used more rarely. In fact, we have it on Patent AT-1902-13596, on which 15 years, ending 1916-02-11, begins not with the filing date of the Austrian patent, but with the priority filing date of Patent HU-1901-24148, to which Hungarian patent the Austrian patent refers.
  • Priorität vom . . . : Priority from . . . (with the earlier non-Austrian filing date, and the name of the nation in question, and, rarely, the number within the non-Austrian patent system in question)

We have a write-up of Patent AT-1906-28323 in IAM (1907, p. 32) in which the "Beginn der Patentdauer" date is called [the date on which the patent was] "Ausgelegt", and the "Ausgegeben" date is called "Einspruchsfrist". Contemporary translations of these terms are 'lent' and 'objection period' – for what that's worth.

  • [Applying to Deutsches Reich patents but relevant to this thread:] IAM 1900, p. 59 prefaces a patent list with the statement "Einspruchsfrist zwei Monate vom Tage der Auslegung an" – and gives date ausgelegt (which we don't usually know) as well as date angemeldet in the list. I think we can tentatively set the date granted, for Deutsches Reich patents published circa 1900, at two months before the date "Ausgegben". This will at least get us a value for the year granted. (Inferring also that the Einspruchsfrist is a period after the official grant date where anyone can challenge the validity of the patent. This process should be confirmable in the relatively abundant contemporary literature about international patent processes.)
    • [This will all eventually get sorted into reasonable prose and relocated.] Ok the first example, Patent DE-1899-110660, disproves the above method (by three months and change), since IAM says date ausgelegt is 14 Dec 1899 and the facsimile has date ausgegeben as 25 May 1900. Possibly there is a delay between the end of the Einspruchfrist and the Ausgegebung, though this would seem to disagree with IAM's interpretation of the Austrian patents in 1907. 'Ausgelegt' may be the best fit for 'date granted' as contrasted with date published, but a more precise meaning might be 'date provisionally granted'. To be continued.
    • Four of the six patents in this batch are ausgelegt on the same date, 14 Dec 1899 ; are they somehow published together on this date?

Counts of Austrian Patents

These results are artificially modest. Patents filed in Austria can generally only be found on Espacenet by way of a search on the name of the inventor. This is largely due to a lack of entered IPC and CPC classification data, in the case of Austrian material available on Espacenet.

This wiki has 332 Austria patents and 366 patents filed by Austrians.

By grant year:

By filing year:

Extended Austrian Patent Reports

Patents filed in Austria

Patents filed by Austrians

  1. ↑ Patent BE-1914-267960
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