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 … >> read more

11.11.2020

Technicity of a method for mental acts

The decision deals with the technicity exclusively with regard to method claim 1. During the application procedure, claim 1 had been amended by including the limitation that the claimed method is used for the manufacture of a mechatronic product, which the court interprets as “any example of any other product” but not as a limitation … >> read more

18.09.2019

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
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