Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Nov 11, 2020
In a groundbreaking decision (4 Ob 119/20h) the Austrian Supreme Court abandoned its previous stance and adopted the "any hardware" approach of the European Patent Office to assess technicality of a computer-implemented…
Read more →Sep 18, 2019
The decision of the upper regional court of Vienna) dated September 18, 2018, (OLG Wien, 133 R 41/18 d) deals with the technicity exclusively with regard to method claim 1. During the application procedure, claim 1 had…
Read more →Article 10 of the Enforcement Directive (Directive 2004/48/EC) provides corrective measures to be taken with regard to goods that have been found to infringe an intellectual property right. Those measures shall…
Read more →Oct 1, 2013
In a recent decision, the Austrian Supreme Court has confirmed its previous case law on the calculation of remunerations for employee inventions. Austrian patent law provides little guidance with respect to the…
Read more →Apr 1, 2013
The Austrian Supreme Court (8 ObA 45/12v of 24 Jan. 2013) has recently given us some enlightment on which basis the remuneration due to an employee for his invention is to be calculated. In an action for a declaratory…
Read more →Oct 1, 2012
Employees have the obligation under Austrian Law to communicate their service inventions to the employer "without delay". They have on the other hand the right to file themselves patent applications for their…
Read more →Mar 1, 2012
In a recent decision the Austrian Supreme Court had to decide on the professional liability of an attorney-at-law due to malpractice in a utility model infringement action. The claimant argued that due to miscounselling…
Read more →Jun 1, 2011
Austria is one of the countries which offers protection for technical inventions not only via patents but also utility models. When the Austrian legislator enacted the first Utility Model Act in 1994 he commented the…
Read more →Oct 1, 2010
In a recent decision the Austrian Supreme Court has handed down a judgment that may answer some burning questions on patent infringement proceedings. The case concerned a patent for a transdermal patch for…
Read more →Feb 1, 2010
The Austrian rules on remuneration for invention made by employees are in several aspects quite different to those in Germany. Two of them are highlighted here. In Austria, the employer is free to decide whether he…
Read more →
We keep a close eye on recent legal developments, provide up-to-date advice, and develop strategies that turn new decisions to your advantage.
Contact us →