Search and Written Opinion According to § 57a Patent Act

Is your invention novel worldwide, inventive, and industrially applicable? We search for prior art and, if requested, also prepare a written opinion on patentability

Magnifying glass focused on a technical drawing of a star

What is this service?

An invention can only be patented if it is innovative – in other words, novel worldwide, inventive, and industrially applicable. We help you determine the novelty of your invention compared to the prior art, carry out a patent search, and, if requested, prepare a patentability report. A patentability report is a detailed written opinion on the patentability of a technical invention.

Please note: if you would like a written opinion, you will also need to provide patent claims. These define the features of your invention and exactly where the protection begins and ends.

Want to know if your invention is novel worldwide? Here’s how you can conduct a free preliminary search yourself.

Here’s how it works

You can use our online form (see below) to request a patent search with or without a written opinion. Please have the following information ready:

  • a detailed description of the specific technical problem
  • drawings and a summary, if applicable
  • if applicable, the currently known prior art
  • patent claims, if a written opinion is also requested

The processing begins once the fees have been paid. The average processing time for patent searches is approximately six weeks; for searches with a written opinion, it is approximately four months from the date payment is received.

You will receive a search report that provides you with an overview of the prior art – potentially also including a written opinion on the patentability of your invention.

The relevant cut-off date for the search may be up to one year prior to the application. 

Note: the application may also be submitted in physical form as a paper application.

How much does this service cost?

The cost of a search is €262; for a search with a written opinion, the cost is €346 (for online applications). There is a €20 surcharge for a paper application. 

A more detailed overview of costs is available in the current fee schedule.

 

The General Terms and Conditions and the Privacy Policy of the Austrian Patent Office apply.