What is this service?
Planning to challenge a patent or want to know whether your patent would withstand a challenge? Then a search (and written opinion) according to § 57b Patent Act is exactly what you need.
We examine the legal validity of existing patents based on the current state of the art and, if requested, prepare a written opinion with an assessment of legal validity for you.
Please note: this service is based on a private law contract, and its results have no binding effect in any administrative or judicial proceedings.
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 to request a search with or without a written opinion. Please have the following information ready:
- a precise and clear description
- if a written opinion is requested, details of the specific technical problem
- drawings and a summary, if applicable
- if applicable, the currently known prior art
After you submit your request, we will prepare a customized offer, which you can accept by paying the applicable fees. Once payment is received, the work will begin. Please note that in exceptional cases we may not be able to accept your order. In such cases, you will be informed accordingly.
The average processing time is approximately eight weeks. You will then receive a search report on the legal validity of the existing intellectual property right (with or without written opinion, depending on the scope of the order). This service is based on a private law contract, and its results have no binding effect in any administrative or judicial proceedings. The report is written in German. You may request a report in English by individual agreement with the patent examiner.
How much does this service cost?
The search according to § 57b Patent Act is available from €1.440. The exact costs vary depending on the scope.
Funding for research and patent applications can be found here
Patent.Voucher
Especially for SMEs and start-ups: get up to €10,000 in funding on the way to filing a patent application – with the Patent.Voucher from FFG and the Austrian Patent Office
SME Fund
SMEs can save up to 75% on the costs of patent, trademark, and design applications. Learn more and apply here
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