Patentrecht#

Patent Law, patents are granted for technological inventions (not for discoveries), unless they are excluded from patent protection (e.g. for offences against public order and morals). The first privileges for inventions were granted in 1709, currently the Patent Law of 1970 (with amendments) is in force. Applications for patents are filed with the Patent Office. The term of a patent lasts for 18 years from the date of its publication in the patent office journal (and at most for 20 years from the date of application). The owner of a patent is entitled to the exclusive and commercial use of the invention; patents are transferable, other persons can be granted the permission to use the invention (licences). The Patent Office (located in Vienna) is subordinated to the Ministry of Economic Affairs, it grants patents and administrates matters concerning trademarks and designs. The field of responsibility of the Patent Office includes publishing an official patent journal at regular intervals and managing the register of patents. Applicants can appeal from a decision of the revocation division to the Supreme Patent and Trademarks Senate (OPM - Obersten Patent- und Markensenat). The OPM (until 1964 it was known as Patent Court / Patentgerichtshof) is an independent collegiate body which consists of judges and administrative civil servants.

Literature#