EP-Search

Exclusively with us, you can also obtain a free search from the European Patent Office (EPO) for your Austrian patent application. In addition to the search that we prepare for you in the course of your national patent application! When you go to the EPO afterwards, you know in advance how the patent examiners will assess your invention - and you can even save on fees!

Please note that you can only request the EP-search in connection with a national patent application - for applications from January 1^st, 2023 - at the Austrian Patent Office.

All Austrian SMEs and public search institutions (e.g. universities and universities of applied sciences) can request an EP-search for a national patent that they applied for at the Austrian Patent Office a maximum of two months prior. The offer is limited to a total of 400 per year and 10 per applicant. It is therefore possible that we may not be able to fulfill individual orders for EP searches.

An EP-search shows you what the European Patent Office says about your patent application without you actually having to apply for a patent there. The EP-search is therefore like an international weather forecast for your patent application. Only in our case, the forecast is always right! The search- and examination report that you receive through the EP-search is subsequently valid in any application procedure for the same subject matter at the European Patent Office. Please note that the application at the European Patent Office must claim the priority of the national patent application.

The EP search is not only free of charge, you even save on the search fee at the European Patent Office, i.e. up to € 1,775.00* for an application to the EPO. You do not have to worry about the refund. The European Patent Office will automatically calculate the exact amount for you and make the refund.

Please note that the amount of the refunded search fee depends on whether the search and examination report can be fully utilized and whether you are filing a PCT or a European patent application.

You can find information about all fees here: https://my.epoline.org/epoline-portal/classic/epoline.Scheduleoffees?language=en

You can read more detailed provisions on reimbursement here:

• Refund criteria
• Amount of refund for PCT applications (according to point 1d of the linked document) or EP applications (according to point 1.2c of the linked document)

^{*Fees as of January 1, 2023, if you decide to file a PCT application.}

You can order the EP search within two months of filing your national patent application with the Austrian Patent Office.

The search and examination procedure at the Austrian Patent Office continues as usual. In addition, you will receive the search and examination report from the European Patent Office approximately nine months after your filing date.

Please note that for applications which themselves already claim priority, the search and examination result of the EPO may not be available in time (within the priority year)! In addition, only the priority of an earlier Austrian application is admissible. For PRIO applications, the upgrade must already have taken place.

• Exclusive prediction for your application at the European Patent Office.
• You save up to € 1.775,00 on your application to the European Patent Office.
• Second opinion: You receive the opinions of two patent examiners with one application.