Remuneration for Employee Inventions

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 determination of the rewards owed for inventions made by employees. In this regard, the Austrian Supreme Court argues that casuistic principles, as laid … >> read more

01.10.2013

Remuneration for employee inventions in a group of companies

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 judgment the question put to it was with regard to an employee inventor of a company 100% owned by … >> read more

01.04.2013

Refund of costs for employees’ inventions

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 inventions. But there are no consequences in the law if they do not communicate their service inventions to the employer besides general damage … >> read more

01.10.2012

Bifurcated Pitfalls

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 of the defendant the claimant failed to initiate proceedings for invalidation of the utility model in suit at the Austrian Patent … >> read more

01.03.2012

Paradigm Shift on the Inventiveness Requirement of Utility Models

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 requirement of inventiveness for utility models was lower than that for patents. Since then the Austrian Courts have struggled with … >> read more

01.06.2011
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