!!!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
F. Schoenherr and G. Kucsko, Wettbewerbs-, Marken-,
Muster- und Patentrecht, %%sup 3/%1987.
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