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- SOUTH AFRICA
COUNTRY : REPUBLIC OF AUSTRIA
CAPITAL : VIENNA
LANGUAGE : GERMAN
The IP office of Austria is known as Osterreichisches Patent Office.
Protection to Inventions is provided at a two tier level in Austria:
Protection to Inventions is provided at a two tier level in Austria:
1. THROUGH NATIONAL REGISTRATION. Direct Filing with the National Patent & Trademark office
2. THROUGH EUROPEAN PATENT CONVENTION. Kindly refer our guide on European Patent Convention procedures
INTERNATIONAL TREATIES TO WHICH AUSTRIA IS SIGNATORY
i) Paris Convention for the protection of Industrial Property
ii) Patent Co-operation Treaty PCT.
iii) Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS.
iv) Budapest Convention.
v) European Patent Convention.
PATENT LEGISLATION IN AUSTRIA:
IP LAW IN AUSTRIA : The Austrian legal system follows the Civil Law model. Patents in Austria are governed by: BGBl No. 259/1970 as amended by BGBl 2001.
Patents are granted by the Office of the Austrian Patent Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN AUSTRIA:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered ” obvious ” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be ” when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture “.
INVENTIONS NOT PATENTABLE IN AUSTRIA:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Substances already existing in nature and nuclear materials.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers. • Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Human body at various stages of formation and development.
- Mere detection of components of the human body including sequencing, partial sequencing of genes.
- Processes for cloning human beings.
- Processes modifying genetic identity of the human germline.
- Usage regarding human embryos.
- Processes modifying genetic identity of animals likely causing them suffering without any substantial medical benefits to man/animal and, animals resulting from such processes.
- Prejudicial to the Interests or Security of the Nation.
PartityPatents Law Firms through its associates in Austria is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN AUSTRIA:
(i). A formal request for the grant of a patent of invention .
(ii). The name and address or head office of the applicant or his representative.
(iii). Short adequate Title ofthe Invention to be patented.
(iv). Summary of the invention and Priority data if any.
(v). Description of the invention along with drawings if any.
(vi). Claims along with Abstract
(vii). Drawings necessary to understand the invention.
EXAMINATION OF THE PATENT APPLICATION IN AUSTRIA:
- Once the application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt, the patent application is examined for compliance with requisites and legality
- Any deficiency in formalities requisites to be complied with by the applicant within a specified period of time.
- Patent application found inadmissible is rejected.
- Application is then published to which interested third parties may file opposition.
- Their being no objection, opposition and application in compliance with all requisites is registered and granted patent protection.
Post Patent grant by the European Patent Office (EPO), Patent needs to be validated in the member country as designated on the Patent application.
Patent Validation comprises of certain formalities and requirements per national laws of the designated country.
Parity Patent Attorneys and Associate Law Firms in Austria are at hand to help and assist you with Patent Validation.
RIGHTS OF THE PATENTEE IN AUSTRIA:
TERM AND KINDS OF PATENTS GRANTED IN AUSTRIA:
- Patents with a term of 20 yrs.
- Utility Models with a term of 10 yrs.
(i) Patents confer on its holders and successors an exclusive right to work the invention.
(ii) Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
(iii) Patentee may authorise the working of the patent either by a manufacturer or by an importer.
(iv) Patentee may even assign, lease or licence the patent.
(v) Patentee is entitled to take legal action against infringers.
(vi) Patentee is entitled to retain moral right over the invention as ” the author of the invention “.
(vii) The patent can be pledged for which it has to be registered in the patent register to become effective.
COMPULSORY LICENCES OF PATENTS IN AUSTRIA:
The exclusive rights of the patentee over the patent are subject to certain limitations which are known as compulsory licenses. These are authorisations given by governmental authorities, independently of the will of the owners. Compulsory licenses are granted four years after registration or three years after announcement of grant of patent on the following grounds :
(i). When the recent invention can only be used by violating an older patent and the more recent one represents an important technical progress of considerable economic importance, compared to the older patent;
(ii). The patent is not used adequately in the home market whereby, the use is effected by imports, and the patentee has not undertaken anything necessary to counter the effects of such usage;
(iii). Public Interest demands, national emergencies and such other unforeseen circumstances so require.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Austria, can assist you comprehensively with Compulsory Licence matters.