Service inventions made by temporary staff

Atypical forms of employment such as temporary employment (temporary agency work, labour leasing) are becoming more and more widespread, even in research-intensive companies. However, the regulations relating to service inventions in the Austrian Patent Act have remained essentially unchanged since the beginning of the last century. How to deal with an invention in the complex … >> read more


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


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


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


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. In Austria, the employer is free to decide whether he applies for patent or utility model protection for inventions made by his employees and where he wants such a … >> read more



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