The Austrian Patent Office drafts opinions as to whether a certain technical development constitutes a patentable invention over the prior art. These opinions give the applicant the opportunity to have their creative, technical achievements examined for patentability outside of the patent granting procedure.
The opinions are drafted by the competent examiner at the Patent Office. They are completely independent of the patent granting procedure.
These rules apply to all Austrian entrepreneurs.
Types of opinions
- Opinion without a search
- The applicant must disclose the prior art in this case. The opinion on the patentable invention is then based on this prior art.
- Opinion with a search
- The prior art to which the opinion will refer is identified by the Austrian Patent Office in this case.
- The opinion request (→ ÖPA)German text
- Description of the invention
- Summary of the description
- One or more patent claims
- Drawings (if applicable)
All documents must be provided in duplicate!
- Opinion without a search: 258 Euro
- Opinion with a search: 363 Euro
An overview of all fees applicable since 1 November 2014 can be found on the website of the Austrian Patent Office.
The result of a search takes the form of a list of the documents found, with a brief comparison of their contents.
If the applicant has filed claims relating to the subject matter of the application, a rough assessment as to the relevance of the documents for each individual claim will also be provided.
- USP Editorial Staff
- Austrian Patent Office