SONN Patentanwälte – IP Attorneys

  2. The right to be heard and the obligation to state reasons

    If, for the first time in the contested decision a document is cited which in view of the patent office anticipates the claimed subject without giving the applicant the opportunity to comment on it beforehand, the applicant's right to be heard is infringed. Rejection due to lack of novelty and...

  3. To stay or not to stay

    Austria has since decades a dual system for judging patent infringement like Germany: infringement itself is the realm of the Commercial Courts (or Penal Courts) while nullity of the underlying patent can only be stated by the Patent Office and its Appellate Courts. Such a nullity decision has...

  4. Red Bull successfully enforces two colour trade marks

    The famous Austrian manufacturer of energy drinks Red Bull recently successfully enforced CTM 2534774, a trade mark consisting of blue and silver, whereas these two colours make up half of the mark each.

    Red Bull sued the owner of the Polish trade mark "Run Cool" who consented to...

  5. Nullity Department revokes patent ex officio

    Ex Officio-Examination of Austrian Nullity Department after Withdrawal of Request for Nullification of a Patent in Appeal Proceedings

    In Austria, patents may be revoked by a request for revocation to the Nullity Department at the Austrian Patent Office. Decisions in such...

  6. Bifurcated Pitfalls

    In a recent decision the Austrian Supreme Court had to decide on the professional liability of an attorney-at-law due to malpractice in a utility model infringement action.

    The claimant argued that due to miscounselling of the defendant the claimant failed to initiate proceedings...

  7. Advocate General gives opinion on SPCs

    Memantine, a drug developed by Merz back in the 1960s, had been on the market in Germany even before September 1, 1976, when it was authorised on the basis of Article 3(7) of the AMG 1976 on the basis of transitional arrangements, provided for under the national legislation transposing...

  8. No declaratory action solely based on invalidity of IP rights

    There are countries, e.g. the United States, where it is common to file a declaratory action with the courts solely based on the ground that the IP right of the defendant is invalid. This is not possible in Austria, decided now the Austrian Supreme Court (OGH).

    The case concerns...

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