 |
|
|
| Design Rights: Beware of the Shades of Grey |
|
|
|
|
In a recent decision regarding several registered Community Designs the Austrian Supreme Court had to decide whether allegedly infringing double-walled glasses produce the same overall impression on the informed user as several registered Community Designs showing double-walled glasses. (December 2010)
|
|
|
|
|
|
|
|
|
|
|
|
|
Our christmas donation was given to "Child-Care-Afrika" and "HORIZONT3000". (December 2010)
|
|
|
|
|
|
|
|
|
| Rights to the own name may be transferred |
|
|
|
|
The right to the own name is not often subject to Supreme Court decisions. However, recently the Austrian Supreme Court had to decide on two different cases regarding the assignment of rights to the own name and the interpretation of licence agreements concerning these rights (17 Ob 2/10h, 4 Ob 124/10d). (November 2010)
|
|
|
|
|
|
|
|
|
| Export vs. import, validity of a patent and request for recall of infringing products |
|
|
|
|
In a recent decision the Austrian Supreme Court has handed down a judgment that may answer some burning questions on patent infringement proceedings. (October 2010)
|
|
|
|
|
|
|
|
|
|
|
|
|
In the Austrian legal system a concept or defence based on acquiescence or past tolerance of behaviour is unknown - only the statute of limitation exists. (August 2010)
|
|
|
|
|
|
|
|
|
| Line between patent-protectable new medical indications and ineffective dietary supplements |
|
|
|
|
The Austrian Supreme court clarified this question in the course of infringement proceedings with respect to a patent concerns the use of an isoflavone phyto-oestrogen extract for the treatment of pre-menstrual syndrome, symptoms associated with menopause, or prostate cancer." (August 2010)
|
|
|
|
|
|
|
|
|
| Serbia accedes to the European Patent Convention |
|
|
|
|
On 15 July 2010, the Government of the Republic of Serbia (RS) deposited its instrument of accession to the European Patent Convention (EPC). (August 2010)
|
|
|
|
|
|
|
|
|
| "IP Firm of the Year 2010" |
|
|
|
|
We are pleased that the MIP Global Award as "IP Firm of the Year 2010" in Austria was awarded to SONN & PARTNER Patentanwälte. (July 2010)
|
|
|
|
|
|
|
|
|
| Opposition proceedings in Austria |
|
|
|
|
The Austrian Patent Office offers as of July 1, 2010 the possibility of an opposition proceeding. (July 2010)
|
|
|
|
|
|
|
|
|
| Prosecution history and infringement |
|
|
|
|
The differences between various jurisdictions how and to what extent the prosecution history can be used lateron in infringement and revocation actions for construing the patent in suit are immense. (June 2010)
|
|
|
|
|
|
|
|
|
| Amendments to the Austrian Patent and Trade Mark Acts 2010 |
|
|
|
|
End of December 2009, the Austrian Parliament enacted a significant Amendment to the Patent and Trade Mark Acts. (May 2010)
|
|
|
|
|
|
|
|
|
| Limitation of claims and the assumption of validity |
|
|
|
|
In proceedings for preliminary injunctions claimants recently try to rely on amended claims which are - as opposed to the granted claims - limited based on a disclosure only included in the specification. (May 2010)
|
|
|
|
|
|
|
|
|
| Albania accedes to the European Patent Convention |
|
|
|
|
On 11 February 2010, the Government of the Republic of Albania (AL) deposited its instrument of accession to the European Patent Convention (EPC). (April 2010)
|
|
|
|
|
|
|
|
|
| Employee remuneration for inventions |
|
|
|
|
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. (February 2010)
|
|
|
|
|
|
|
|
|
| How far do recall claims reach? |
|
|
|
|
As already reported in the March 2007 issue, in the author's opinion Austria has not fully implemented Art.10 of the Enforcement Directive (February 2010)
|
|
|
|
|
|
|
|
|
| Petition for Review of Art. 112a EPC |
|
|
|
|
The Enlarged Board of Appeal's (EnBoA's) practice with respect to violations of the "Right to be Heard" (Art. 113 EPC) in cases for Petition for Review under Article 112a EPC. (January 2010)
|
|
|
|
|
|
|
|
|
| Extension of European Patents to Montenegro |
|
|
|
|
On 13 February 2009, the President of the European Patent Office and Montenegro's Minister for Economic Development signed an agreement on the extension of European patents (extension agreement). (January 2010)
|
|
|
|
|
|
|
|
|
| Amendment of the Patent Office Fees Act |
|
|
|
|
In Austria, an amendment regarding the official fees to be paid at the Patent Office has come into force on January 1, 2010; this amendment particularly concerns patents and utility models. (January 2010)
|
|
|
|
|
|
|
|
|
| Dr. Philipp Weinzinger has been registered in the List of Austrian patent attorneys |
|
|
|
|
Since December, Dr. Philipp Weinzinger is working as a patent attorney in our office. (January 2010)
|
|
|
|
|
|
|
|
|
|
|
|
|
NEWS |
|
|
04/2013
Remuneration for employee inventions in a group of companies
» more
|
|
|
|
|
|
03/2013
Take it e@sy
» more
|
|
|
|
|
|
02/2013
Broken wings
» more
|
|
|
|
|
|
|
|
|
