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On this page we present selected publications about special
Intellectual Property topics.
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Limitation of claims and the assumption of validity
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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. Is such a limitation of the claims allowable and in the affirmative should in these cases the legal assumption of the validity of the patent in suit still apply?
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Agreement on co-ownership
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If two or more persons are contributing to an invention, they are faced with the
challenge of pursuing the right filing strategy: Should they file naming all of the
inventors as applicants, or should one applicant act in the name of all the inventors?
Whatever choice the inventors are making, they are well advised to conclude a written
agreement on the mutual rights and obligations within the co-ownership. The same is true
if several companies, or inventors plus companies, jointly apply for an IP right.
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The inventive step requirement under Austrian Utility Model Law
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By referring to a definition of a German commentary on Patent Law the Austrian Supreme
Court has recently defined what the requirements for an inventive step under Austrian
Utility Model Law are. However, simutanously the German Supreme explicitly rejected this
definition. What are now the requirements for an inventive step under Austrian Utility
Model Law?
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Trademark Law and Counterfeiting in the Internal Market (german version)
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A speech given at a symposium organized by the Ludwig Boltzmann Institute for European
Law concerning the possibilities based on Trademark Law in the fight against
counterfeiting. A copy of the speech is also available as part of the conference
documentation.
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Patent marking on products and in advertisements
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Whether or not a product is marked as being patented does, in Austria, not
affect the patent owner's rights. On the other hand, there are legal
requirements in case of such a marking.
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Indirect patent and utility model infringement
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If a patent or utility model owner does not want or is not able to enforce his
exclusive right against a direct infringer (who is often unknown or not yet
infringing), he may also enforce his rights against a supplier of infringing
means.
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Fight against Counterfeiting
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An overview of the procedure pursuant to the Austrian Law on Counterfeiting,
according to which a right-holder may apply that goods apt to infringe
intellectual property rights be not released to the importer but retained by
customs.
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Tax privilege for the self-employed inventor
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Austrian tax law (Section 38, Income Tax Act) provides that revenues derived
from the utilisation of patented inventions are privileged by charging half
the tax rate. Only the self-employed inventor himself is entitled to this
preferential treatment, and it can be claimed neither by the heirs nor by the
patent owner, in case the patent owner is not the inventor.
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A summary over the relevant publications and case law in Austria with respect to
prerequisites for compulsory licenses.
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Experience with the New Austrian Trademark Law
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An overview of the experiences with the new Austrian Trademark Law as amended
in November 1999.
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Opposition Practice at the EPO
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A general summary over the opposition practice at the EPO, including the
relevant case law and practical experiences.
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This article was published in the booklet "Business in Biotech" and
relates to the specificities of Austrian Patent Law with respect to inventor's
remuneration.
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Patents and Utility Models
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This article was also published in the booklet "Business in Biotech"
and was intended to provide a short introduction to Intellectual Property law for
"bioenterpreneurs".
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NEWS |
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08/2010
Acquiescence
» more
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08/2010
Line between patent-protectable new medical indications and ineffective dietary supplements
» more
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08/2010
Serbia accedes to the European Patent Convention
» more
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