Key case: Austrian Supreme Court allows utility model on computer-implemented invention

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 invention. This means that it has become more predictable and generally easier to protect computer-implemented inventions with an Austrian utility model.

The application leading up to this decision has been filed and prosecuted by our firm through the first instance (Austrian Patent Office) and second instance (upper regional court of Vienna, OLG Wien). Together with Alexander Koller of SSW we brought the case before the Austrian Supreme Court.

11.11.2020