Third-Party Observations

Both Austrian and European patent applications are published 18 months after their filing date or priority date. If you think that the invention published in a patent application is not novel, is not based on an inventive step, or should not be patented for other reasons, you have the opportunity to submit these objections to the patent office in the form of third-party observations. The objections are usually prior art documents which anticipate or suggest the subject matter of the published patent application.

Third-party observations are usually filed anonymously, so you do not have to expose yourself against the patent applicant. The costs are substantially lower than the costs of a formal opposition against the granted patent. However, it cannot be guaranteed that the patent office considers the objections. The third party does not acquire party status in the patent examination procedure.

We are familiar with the procedure to file third-party observations against Austrian and European patent applications. Contact us for a free cost estimate.

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