Austrian Intellectual Property Office teaches you how to understand search reports

Submitted by song on Thu, 01/30/2025 - 23:39

来源：

页之码IP

In the patent procedure, the examiner can make full comments on the submitted identified prior art related to the claims in the preliminary decision or written opinion (examination report). The search report will classify the prior art related to the claims, including the category of the document; the corresponding patent document (which can be accessed in various databases); what claims does the document include? A brief description of the search report is as follows:

File symbol type	meaning	explain
X	Particularly important public documents: the subject matter of the application cannot be considered novel or inventive	The cited document fully anticipates or implies the subject matter of the invention even if all the technical features of the claim are not explicitly disclosed in the document.
Y	Related publications: If a publication is related to one or more other publications in the same category, and such a connection is obvious to a person skilled in the art, then the subject matter of the application cannot be considered to involve an inventive step.	In this category, there must be at least two documents that together indicate the subject matter of the invention. The subject matter of the invention is new but lacks an inventive step.
A	Identify the published prior art	This document does not conflict with the subject matter of the present invention. Applicants should at least look at this document.
P	Related documents (category X or category Y), but published after the priority date	Example: The applicant files a patent application in Germany on January 2 and files the priority document in Austria on September 17. In the meantime, the P document is published on May 15. If this document is identified, in most cases the applicant will be asked to submit the priority document (= the application document originally filed). If the Austrian application document and the German priority document are identical, this document can be ignored. However, if something has been added in the meantime, the P document can be considered to destroy novelty or be obvious, because the new features were not filed until September 17.
E	Particularly important documents that may give rise to "prior rights" (category X) (applications filed earlier but published later may be protected in Austria, which would call novelty into question)	Example: The applicant filed an invention on January 6. The electronic file was filed on January 4, so it was earlier. However, in this case, only novelty can be assessed. Inventive step must not be considered.