Patent Attorney Exam

Registration for the patent attorney examination is governed by the provisions of § 8 Patent Attorney Act (PatAnwG).

For the initial registration, an application for admission to the exam is required, and an exam fee must be paid. The application should preferably be sent by email to the contact persons listed below. Proof of payment of the €500 fee to the Austrian Patent Office must be provided with the application. 

Bank details:
Austrian Patent Office
IBAN: AT750100000005160000
BIC: BUNDATWW

Please indicate “Patentanwaltsprüfung” as the payment reference.

The application should be submitted at least three months before the date of the written exam so that the consultation of the Patent Attorneys’ Chamber and a final decision on admission can take place in a timely manner prior to the written exam.

Registration to retake the patent attorney examination, including payment of the fee of €300, must also be submitted no later than three months before the written examination date.

Withdrawal from the examination is possible before the exam questions are handed out, without forfeiting an attempt to take the exam.

The written patent attorney exam takes place on the premises of the Austrian Patent Office. The exam must be completed exclusively on computers (using Microsoft Word) supplied by the Austrian Patent Office. The exam lasts eight hours and begins as soon as the exam questions have been fully handed to all candidates. Please present a valid photo ID for identity verification.

Permitted aids for the written exam are paper documents brought by the candidate, in particular codes and legal commentaries, as well as official computers supplied by the Austrian Patent Office with internet access limited to the following websites:

• Rechtsinformationssystem des Bundes (RIS)
• Rechtsinformationssystem der EU (EUR-Lex)
• Weltorganisation für geistiges Eigentum (WIPO)
• Europäischer Gerichtshof (EuGH)
• Europäisches Patentamt (EPA)
• Einheitliches Patentgericht (EPG, UPC)
• Amt der EU für geistiges Eigentum (EUIPO)
• Österreichisches Patentamt (ÖPA)
• Deutsches Patent- und Markenamt (DPMA)
• Deutscher Bundesgerichtshof (BGH) 
   

Digital devices (such as smartphones, USB drives, email functions on the computer, or cloud storage services like Dropbox) are not permitted. In case of violation, the exam paper will not be graded and one exam attempt will be forfeited. Should questions arise regarding the exam instructions, the supervising officer present will forward the questions to the chair of the examination board for a decision on how to respond.

At the end of the exam period, candidates must print their papers on and submit them to the supervising officer. The electronic version may be forwarded via email. Additionally, candidates may print their own papers a second time for personal use. The exam instructions, including any attachments, remain with the candidates.

Refreshments (coffee, water, bread rolls, and pastries) will be provided during the exam.

The written examination papers are graded by the examination committee in accordance with § 12(2) of the Patent Attorneys Act (PatAnwG) in a pseudonymized manner, without knowledge of the candidates’ identities. The examination papers are assigned an identification code that identifies each candidate. For this purpose, an identification code is randomly assigned to all candidates before the start of the written exam. The exam papers must be marked with the identification code (e.g., in the header or footer).

The pseudonymization is lifted by the supervisory body after the written exam papers have been graded, by providing the examination committee with the names associated with the identification codes.

Candidates will be informed of the results of the written exam by phone within three to five weeks.

No written evaluation of the paper will be provided. Candidates may contact the examination committee (preferably the chair of the examination board) with any questions regarding the written exam. 

The oral patent attorney exam also takes place on the premises of the Austrian Patent Office and is conducted by the examination board. The oral exam lasts at least one hour per candidate and is open to the public.

The oral exam may be conducted with no more than three examinees at a time. If three examinees are examined simultaneously, the total examination time may be reduced from three hours to two hours. The examination board determines the arrangements for the oral examination (order, number of candidates examined simultaneously, etc.). Candidates will be notified of these details in writing.

Pursuant to § 14 Patent Attorneys Act, the examination is considered passed if the majority of the examination board members determine that the required knowledge and skills were shown. In the event of a tie, the chairperson has the deciding vote.

A written record of the examination is drawn up. Upon successful completion, a certificate is issued.

If the written or oral examination is not passed, the written and oral examinations must be retaken at the next examination session. The patent attorney examination may be retaken a total of three times.