What is the EP Search?
Filed a national patent application and want to apply for protection with the European Patent Office (EPO) as well? Then the EP Search (EP = European Patent) is exactly what you need! This service gives you a search and examination report that shows whether an application with the EPO has a chance of success.
This way, you know in advance whether you can protect your invention with the European Patent Office, and at the same time you receive an assessment from two experienced patent examiners. Plus, with the EP Search, you can save up to €1,845 on your application to the European Patent Office, since you won’t have to pay any search fees if you file a European patent application later.
This service is specifically aimed at small and medium-sized enterprises (SMEs) and public research institutions (e.g., universities, universities of applied sciences). SMEs are enterprises that employ fewer than 250 persons and have an annual turnover not exceeding €50 million, and/or an annual balance sheet total not exceeding €43 million.
Please note that you can only use the EP Search in connection with a national patent application filed by you with the Austrian Patent Office no more than two months prior. The service is limited to a total of 400 applications per year and 10 per applicant.
Here’s how it works
Step 1: file a national patent application or upgrade an existing provisional application.
Step 2: apply for an EP Search online within two months of filing.
Step 3: the search and examination procedure for the national patent proceeds in the usual way at the Austrian Patent Office. In addition, you will receive the search and examination report from the European Patent Office approximately nine months after your filing date.
Step 4: if the report is positive, you can file a European patent application and save on fees.
The EP Search is also very helpful for a PCT application. For PCT applications filed from Austria, the European Patent Office conducts the search and examination under the PCT procedure.
How much does an EP Search cost?
The EP Search is available to Austrian SMEs for €510; for public research institutions (e.g., universities and universities of applied sciences) the search is free of charge.
By the same token, with the EP Search, you can save up to €1,845 on a subsequent application to the European Patent Office. The European Patent Office handles the reimbursement of the fees and automatically calculates the exact amount for you.
Please note that the amount of search fee that is reimbursed depends on whether the search and examination reports can be fully utilized and whether you are filing a PCT or a European patent application.
Here you will find the criteria for reimbursement and the amounts for PCT applications and EP applications. The full schedule of fees can be found here.
Apply now
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