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Long  title 
Patent Act 1970 StF: Federal Law Gazette No. 259/1970 (WV) as amended by 
Federal Law Gazette No. 137/1971 (DFB)  
modification  
I No. 151/2005 (NR: GP XXII RV 994 AB 1077 p. 122. BR: AB 7387 p. 725.) [CELEX 
no. 32003L0006] BGBl. I No. 96/2006 (NR: GP XXII RV 1423 AB 1505 p. 150. BR: 
AB 7560 p. 735.) [CELEXNr .: 32004L0048] BGBl. I No. 81/2007 (NR: GP XXIII RV 
216 AB 238 p. 35.BR: A B 7775 p. 749.) Federal Law Gazette I No. 126/2009 (NR: 
GP XXIV RV 393 AB 421 p. 45.BR: 8196 AB 8204 p. 779.) BGBl . I No. 135/2009 
(NR: GP XXIV RV 485 AB 558 p. 49.BR: 8217 AB 8228 p. 780.) Federal Law Gazette 
I No. 126/2013 (NR: GP XXIV RV 2358 and Zu 23 58 AB 2413 P. 206. BR: AB 9018 
p. 822.) BGBl. I No. 71/2016 (NR: GP XXV RV 1144 AB 1204 p. 138. BR: AB 9633 p. 
856.) BGBl. I No. 124 / 2017 (NR: GP XXV RV 1656 AB 1678 S. 190. BR: AB 9851 
S. 870.) [CELEXNr .: 32015L2436] Federal Law Gazette I No. 37/2018 ( NR: GP XXVI 
RV 108 AB 139 S. 23. BR: 9967 AB 9970 S. 880.) [CELEXNr .: 32017L2399, 
32017L1572]  GP XXII RV 994 AB 1077 p. 122. BR: AB 7387 p. 725.) [CELEX 
No. 32003L0006] BGBl. I No. 96/2006 (NR: GP XXII RV 1423 AB 1505 p. 150. BR: 
AB 7560 p. 735.) [CELEXNr  .: 32004L0048] BGBl. I No. 81/2007 (NR: GP XXIII RV 
216 AB 238 p. 35.BR: AB 7775 p. 749.) Federal Law Gazette I No. 126/2009 (NR: 
GP XXIV RV 393 AB 421 p. 45.BR: 8196 AB 8204 p. 779.) BGBl . I No. 135/2009 
(NR: GP XXIV RV 485 AB 558 p. 49.BR: 8217 AB 8228  p. 780.) Federal Law Gazette 
I No. 126/2013 (NR: GP XXIV RV 2358 and Zu 2358 AB 2413 P. 206. BR: AB 9018 
p. 822.) BGBl. I No. 71/2016 (NR: GP XXV RV 1144 AB 1204 p. 138. BR: AB 9633 p. 
856.) BGBl. I No. 124 / 2017 (NR: GP XXV RV 1656 AB 1678 S. 190. BR: A B 9851 
S. 870.) [CELEXNr .: 32015L2436] Federal Law Gazette I No. 37/2018 (NR: GP XXVI 
RV 108 AB 139 S. 23. BR: 9967 AB 9970 S. 880.) [CELEXNr .: 32017L2399, 
32017L1572]  GP XXII RV 994 AB 1077 p. 122. BR: AB 7387 p. 725.) [CELEX 
No. 32003L0006] BGBl. I No.  96/2006 (NR: GP XXII RV 1423 AB 1505 p. 150. BR: 
AB 7560 p. 735.) [CELEXNr .: 32004L0048] BGBl. I No. 81/2007 (NR: GP XXIII RV 
216 AB 238 p. 35.BR: AB 7775 p. 749.) Federal Law Gazette I No. 126/2009 (NR: 
GP XXIV RV 393 AB 421 p. 45.BR: 8196 AB 8204 p. 77 9.) BGBl . I No. 135/2009 
(NR: GP XXIV RV 485 AB 558 p. 49.BR: 8217 AB 8228 p. 780.) Federal Law Gazette 
I No. 126/2013 (NR: GP XXIV RV 2358 and Zu 2358 AB 2413 P. 206. BR: AB 9018 
p. 822.) BGBl. I No. 71/2016 (NR: GP XXV RV 1144 AB 1204 p. 138. BR: AB 963 3 p. 
856.) BGBl. I No. 124 / 2017 (NR: GP XXV RV 1656 AB 1678 S. 190. BR: AB 9851 
S. 870.) [CELEXNr .: 32015L2436] Federal Law Gazette I No. 37/2018 (NR: GP XXVI 
RV 108 AB 139 S. 23. BR: 9967 AB 9970 S. 880.) [CELEXNr .: 32017L2399, 
32017L1572]  
I. GENERAL  PROVISIONS  
Patentable  inventions  
Section  1. (1) For inventions in all fields of technology, if they are new ( Section  3), do 
not result in an obvious way for the skilled person from the state of the art and are 
commercially applicable, patents are g ranted on request.  
 (2) Inventions that meet the requirements of Paragraph 1 can also be patented if 
they are a product that consists of or contains biological material or a process with 
which biological material is produced, processed or used for Subject matter where 
biological material is material that contains genetic information and can self -   
 
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reproduce or be reproduced in a biological system.  These patentable inventions also 
include  
1. biological material that is isolated or produced from its natural env ironment with the 
help of a technical process, even if it was already present in nature;  
2. an isolated component of the human body or a component obtained in some other 
way by a technical process, including the sequence or partial sequence of a gene, 
even  if the structure of this component is identical to the structure of a natural 
component.  
(3) In particular, the following are not regarded as inventions:  
1. Discoveries as well as scientific theories and mathematical methods;   
2. the human body in the individual phases of its formation and development;  
3. the mere discovery of a part of the human body, including the sequence or partial 
sequence of a gene;  
4. aesthetic creations;   
5. Plans, rules, and procedures for performing intellectual activities, pl aying games, 
or doing business  activities and programs for data processing systems;   
6. the reproduction of information.  
(4) Paragraph 3 only precludes the patenting of the objects or activities named 
therein insofar as protection is sought for them as suc h. 
Exceptions  to patentability  
Section  2. (1) Patents are not granted for: 1. Inventions, the exploitation of which 
offends against public order or morality  
would;  such a violation cannot be derived solely from the fact that the exploitation of 
the inventi on is prohibited by law or administrative regulations;  In this sense, the 
following are deemed to be non -patentable:  
a) Processes for cloning human beings;   
b) Method of altering the genetic identity of the germline of the human  living being;   
c) the use of human embryos;   
d) the production and utilization of hybrid living beings, consisting of germ cells, 
totipotent  cells or cell nuclei of humans and animals arise;  
(e) methods of altering the genetic identity of animals which are capable of causing 
suffering in these animals without any substantial medical benefit to humans or the 
animal, as well as animals produced using such methods;  
2. Methods for the surgical or therapeutic treatment of the human or animal body and 
diagnostic methods which are carr ied out on the human or animal body;  this does not    
 
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apply to products, in particular substances or mixtures of substances, for use in one 
of these processes.  
(2) Patents are not granted for plant varieties or animal breeds or for essentially 
biological proc esses for the breeding of plants or animals and for plants or animals 
obtained exclusively through such processes.  The term plant variety is defined by 
Article 5 of Regulation (EC) No. 2100/94 on Community Plant Variety Rights, OJ No. 
L 227 of September 1,  1994 p. 1, as amended by Regulation (EC) No. 2506 / 95, OJ 
No. L 258 of October 28, 1995 p. 3.  A method of growing plants or animals is 
essentially biological if it relies entirely on natural phenomena such as crossing or 
selection.  Inventions the subject  of which are plants or animals can be patented,  if 
the implementation of the invention is not technically restricted to a particular plant or 
animal breed.  Sentence 1 part 2, according to which patents are not granted for 
essentially biological processes for the breeding of plants or animals, does not affect 
the patentability of inventions which have a microbiological or other technical process 
or a product obtained by these processes as their object, whereby a microbiological 
Procedure is any procedure in  which  microbiological material is used, an intervention 
in microbiological material is carried out or microbiological material is produced.  
(3) When applying Paragraph 1, Item 1, lit.  a to c the relevant provisions of the 
“Fortpflanzungsmedizingesetz”, Fe deral Law Gazette No. 275/1992, in the version 
effective on the date of entering -into-force of this law have to be taken into account.   
Novelty  
Section  3. (1) An invention is considered new if it does not belong to the state of the 
art. The state of the art is everything that has been made available to the public prior 
to the priority date of the application through written or oral description, through use 
or in any other way.  
(2) The state of the art also includes the content of earlier  
1. patent applic ations based on this Federal Act,  
2. utility model applications based on the Utility Model Act, Federal Law Gazette No. 
211/1994,  
3. international applications within the meaning of Section  1 no.  4 of Federal Law 
Gazette No. 52/1979, if the requirements according to Section  16 (2) of the Patent 
Contracts Introductory Act are met,  
4. European patent applications within the meaning of Section  1 no. 4 of the 
Introductory Act for Patent Contracts, and  
5. European patent applications within the meaning of Section  1 no. 4 of the 
Introductory Law on Patent Contracts, if the European patent application is the result 
of an international application, but only if the requirements of Article 153 (5) of the 
Euro pean Patent Convention, Federal Law Gazette No. 350/1979, are met,  
in the version originally filed, the content of which was officially published on or after 
the priority date of the more recent application.  When assessing the question of 
whether the invention does not result in an obvious manner from the prior art for th e 
person skilled in the art, such earlier priority applications are not taken into account.     
 
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(3) The patentability of substances or mixtures of substances belonging to the state 
of the art is not excluded by Paragraphs 1 and 2, provided that they are intend ed for 
use in a procedure pursuant to Section  2, Paragraph 1, item 2 and their application in 
one this method does not belong to the state of the art.  Neither is the patentability of 
the named substances or mixtures of substances for specific use in one of  the named 
processes excluded by Paragraphs 1 and 2 if this application is not part of the state 
of the art.  
(4) For the application of Paragraphs 1 and 2, a disclosure of the invention that was 
made no earlier than six months before the filing of the appl ication and that goes 
back directly or indirectly is not taken into account  
1. to an obvious abuse to the detriment of the applicant or his legal predecessor or  
2. that the applicant or his legal predecessor has exhibited the invention at official or 
officially recognized exhibitions within the meaning of the Convention on International 
Exhibitions, Federal Law Gazette No. 445/1980.  
(5) Para. 4 no.2 shall only apply if the applicant states when submitting the 
application that the invention has been displaye d at the exhibition and submits a 
confirmation of this from the exhibition management within four months of the 
submission.  The day of the exhibition opening and, if the first disclosure was not 
made at the same time, the day of the exhibition must also be  stated.  The 
confirmation must be accompanied by a description of the invention, which is certified 
by the exhibition management.  
Claim  to a patent  
Section  4. (1) Only the inventor or his legal successor is entitled to the grant of the 
patent.  Unless prove n otherwise, the first applicant is deemed to be the inventor.  
(2) If the improvement or other further training of an invention already protected by a 
patent or for which a patent has been applied for and leading to this is registered by 
the owner of the p arent patent or his legal successor, the latter is free to choose 
either an independent one for the improvement or other further training Patent or an 
additional patent dependent on the parent patent.  
(Note:  Paragraph  3 repealed  by Federal  Law Gazette  I No. 149/2004)  
Section  5. (1) However, the first applicant is not entitled to the grant of the patent if 
he is not the inventor or his legal successor or if the essential content of his 
application is the descriptions, drawings, models, equipment or facilities of another or 
one of them used procedure is taken without his consent.  
(2) If the invention has been taken one after the other by one owner of the invention 
from the other without consent, in the event of a dispute the former owner of the 
invention takes precedence over the later one.  
Employee  inventions  
Section  6. (1) Employees are also entitled to the grant of a patent ( Section  4) for 
inventions made by them during the existence of the employment relationship, if not 
by contract ( Section  7 Paragraph 1) or on the basis of Section  7 Paragraph 1) 2 
something else is determined.  
(2) Employees and workers of all kinds are deemed to be employees.     
 
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Section  7. (1) Agreements between employers and employees, according to which 
future inventi ons of the employee should belong to the employer or the employer 
should be granted a right to use such inventions, only have legal effect if the 
invention is a service invention (Paragraph 3) is.  In order to be valid, the agreement 
must be in writing, whi ch is also sufficient if a collective agreement ( Section  2 (1) of 
the Labor Constitution Act, Federal Law Gazette No. 22/1974) is available.  
(2) If the employment relationship is under public law, the employer may, without the 
need for an agreement with th e employee, claim his or her service inventions in full or 
a right to use such inventions;  the right of use is also effective against third parties.  In 
these cases, the provisions of the following paragraph and Sections  8 to 17 and 
Section  19 apply accordi ngly.  
(3) A service invention is the invention of an employee if its subject matter falls within 
the field of work of the company in which the employee is active and if  
a) either the activity that led to the invention is part of the employee's official dut ies or  
b) if the employee received the suggestion for the invention through his work in the 
company or  
c) the creation of the invention has been significantly facilitated by using the 
entrepreneur's experience or aids.  
Section  8. (1) In any case, the emplo yee is entitled to appropriate special 
remuneration for the transfer of an invention made by him to the employer and for the 
granting of a right of use with regard to such an invention.  
(2) However, if the employee is expressly employed as an inventor in t he employer's 
company and is actually predominantly engaged in it and if the inventor activity 
incumbent on him has led to the invention, he is only entitled to special remuneration 
insofar as he does not already have it Due to the employment relationship with 
regard to the higher remuneration due to his inventor activity, an appropriate 
remuneration for the invention is located.  
Section  9. When calculating the remuneration ( Section  8), particular consideration 
must be given to the circumstances of the case  
 
a) the economic importance of the invention for the company;   
b) to any other exploitation of the invention in Austria  or abroad;   
c) on the company's share, suggestions, experiences, preparatory work or resources  
of the employer or official instructions on the creation of the invention.  
Section  10. (1) The remuneration can be changed retrospectively at the request of 
one of the parties involved at their reason able discretion if there has been a 
significant change in the circumstances that are decisive for the appropriateness of 
the remuneration.  Under no circumstances are benefits to be reimbursed that the 
employee has received on the basis of the earlier stipu lation.  Likewise, services that 
have already been carried out or become due due to the earlier stipulation are not to 
be supplemented retrospectively, unless the remuneration consists of a one -off 
service.     
 
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(2) The employee is entitled to a change in remune ration even in the event that the 
employer transfers the invention to a third party if the proceeds obtained by the 
employer in this transfer are conspicuously disproportionate to those granted to the 
employee  remuneration is available or if the employer r emains involved in the 
exploitation of the invention and thereby achieves an income that is noticeably 
disproportionate to the remuneration granted to the employee.  
(3) The application (Paragraphs 1 and 2) can only be submitted one year after the 
remunerat ion was last determined.  
Section  11. (1) If the extent of the remuneration ( Sections  8 to 10) is made 
dependent on the use of the invention by the employer and the employer fails to use 
the invention to an extent appropriate to its economic importance for the company, so 
the remuneration is to be calculated as if the employer had used the invention to the 
extent appropriate to its economic significance for the company.  
(2) The remuneration is to be calculated in the same way if the employer has 
transferred the invention to a third party or has otherwise disposed of it, unless the 
employee has consented to such a transfer or disposition and the employee does not 
prove that this transfer or disposition was only made in appearance.  
(3) The employer shall be released from the obligation to pay the remuneration 
stipulated in Paragraph 1 if he undertakes to grant a third party to be designated by 
the employee the right to use the invention.  The third party to whom the right of use is 
granted has to pay the employer a fee for his share of the invention, which is to be 
determined taking into account the provisions of Section  9 lit. In view of this 
remuneration, changes can be requested retrospectively in accordance with Section  
10. 
(4) The claim (paragraph s 1 and 2) is excluded if the employer, taking into account 
the circumstances of the case, cannot be expected to use the invention at all or not 
to a greater extent than it took place or, if a Transfer or any other disposition would 
have been omitted, coul d be expected.  However, if the employer benefits from the 
invention without exercising it, the employee is entitled to appropriate remuneration.  
Section  12. (1) If there is an agreement according to which future inventions of the 
employee should belong to the employer ( Section  7), the employee has every 
invention that he makes, with the exception of those that are obviously not covered 
by the agreement, to the employer to be communicated immediately.  The employer 
must explain to the employee within four mon ths of the day on which he received this 
notification whether he is making use of the invention as a service invention on the 
basis of the existing agreement.  
 
(2) If the employee fails to provide this notification, he shall be liable to the employer, 
without prejudice to the claim to the invention to which he is entitled, for 
compensation for the damage, which also includes the lost profit.  If the employer fails 
to make a declaration or makes a negative declaration, the invention remains with  the 
employee.     
 
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Section  13. (1) The employer and the employee are obliged to keep the inventions 
secret, which are the subject of the notification and declaration provided for in 
Section  12 (1).  
(2) The employee's duty of confidentiality expires  
a) if the employer has failed to make the declaration provided for in Section  12 (1) or 
if he has made a negative statement within the deadline;  
b) if the employer has claimed the invention for himself in good time ( Section  12 (1)) 
and has given up secrecy.  
(3) The expiry of the confidentiality obligation according to the above provision does 
not affect the confidentiality obligation, insofar as it is otherwise incumbent on the 
employee.  
(4) The employer's duty of confidenti ality expires if he has made a timely claim 
against the invention ( Section  12 (1)) and the employee has not raised an objection.  
(5) The duty of confidentiality does not prevent the employer and the employee from 
filing a patent application or taking the o therwise necessary steps in order to 
safeguard their rights with regard to the invention.  
(6) The employer or the employee who violates the confidentiality obligation is 
obliged to compensate the other party for the damage, which also includes the lost 
profit. 
Section  14. If the employer has paid the employee for a service invention and it then 
emerges that not this employee, but another employee of the same employer has 
made the invention or that another employee of the same employer has made the 
invention  has contributed to the invention, the employer can offset the remuneration 
paid to the unauthorized person in full or in the proportion corresponding to the share 
of the entitled person in the invention, if he has made in good faith and the invention 
also according to the legal relationship with the entitled person belongs to the 
employer.  
 
Section  15. (1) If the employer has made agreements with the employee regarding a 
service invention, he can nevertheless declare at any time to waive his rights to the 
invention in whole or in part.  In such a case, the employee can demand that the 
employer's rights to the invention, insofar as the waiver extends, be transferred to 
him. 
 
(2) If the employer waives his rights to the invention entirely, the ob ligation to pay the 
remuneration ceases at the time the declaration of waiver is made.  In the event of a 
partial waiver, the employer can demand a corresponding reduction in remuneration, 
provided that the rights transferred to the employee can be used sep arately.  
(3) The obligation to pay remuneration for the period up to the submission of the 
waiver remains unaffected.  
Section  16. The rights of the employer and the employee based on the provisions of 
Sections  6 to 15 are not affected by the termination of the employment relationship.     
 
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Section  17. The rights to which the employee is entitled based on the provisions of 
Sections  6 to 16 can neither be canceled nor limited by agreement.  
 
Section  19. Claims by employers and employees according to the provisions of 
Sections  7 to 15 expire after three years.  
 
Entitlement  to the designation  of the inventor  
Section  20. (1) The inventor is entitled to be named as the inventor.  
 
(2) The claim cannot be transferred and does not pass to the heirs.  A waiver of the 
claim has no legal effect.  
(3) Upon request, the inventor can be named in the publication of the application, in 
the announcement of the publication, in the announcement of the grant of a patent, in 
the patent specification, in the patent certificate and by entry in the patent register.  If 
the announcement of the grant of a patent has already taken place and the patent 
certificate has already been issued, a special certificate of naming the invento r must 
be issued upon request and a special announcement published in the patent 
gazette.  The naming of the inventor must also be included in the priority documents 
to be issued by the patent office.  
(4) The request can be made by the inventor as well as t he applicant or the patent 
proprietor.  If several persons are authorized to submit the application, if the 
application is not submitted jointly by all authorized persons, the applicant must 
provide evidence of the consent of the other authorized persons.  If someone other 
than the one previously named as the inventor is to be named as the inventor 
alongside or in his place, the consent of the previously named inventor must also be 
proven.  
(5) If the applicant, the patent owner or the person already named as the inventor 
refuses to give their consent, the Patent Office shall, upon request, decide on the 
right to be named as the inventor.  
(6) The application (Paragraph 5) will be negotiated in accordance with the 
procedural rules for the contestation dispute.  The granting of the patent is not 
postponed by the pending proceedings on such a request.  On the basis of the final 
decision in favor of the application, the person entitled must proceed according to 
Paragraph 3.  
Representative  
Section 21. (1) Anyone who acts as a representative before the Patent Office must 
have his place of residence or his branch in Austria ; however, the professional 
regulations apply to lawyers, patent attorneys and notaries.  The representative must 
demonstrate his auth orization by means of a written power of attorney, which must 
be submitted in the original or in a duly certified copy.  If several persons are 
authorized, each of them is also authorized to represent the company alone.  
 
(2) If a lawyer, patent attorney or notary intervenes, the appeal to the authorization 
granted to him replaces its documentary evidence.     
 
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(3) If a representative intervenes without a power of attorney or, in the case of 
Paragraph 2, without invoking the authorization granted to hi m, the procedural act 
undertaken by him is only effective on the condition that he does a reasonable period 
of time submits proper power of attorney or invokes the power of attorney granted to 
him. 
(4) Anyone who has neither domicile nor branch office in Austria  can only assert 
rights under this Federal Act before the Patent Office if they are represented by a 
party representative listed in Section  77. If the place of residence or branch is in the 
EEA or in the Swiss Confederation, however, the appointment of an authorized 
recipient resident in Switzerland is sufficient for the assertion of rights under this 
federal act.  The requirement of the main residence in Austria  does not apply to 
citizens of EEA contracting states, if service is ensured by international treaties with 
the contracting state of the domicile of the authorized recipient or in another way.  
(5) In addition to Section  83c JN, the plac e where  
1. the representative has his or her domestic place of residence shall apply  has a 
place of business, or  
2. the authorized recipient is domiciled in Austria , or  
3. in the absence of a representative with a domicile or a branch in Austria or an 
authorized recipient with domestic domicile the place where the patent office has its 
seat,  
for matters relating to the patent as the domicile or branch of a patent holder who has 
neither domicile nor branch in Austria . 
(6) The authorization granted to a la wyer, patent attorney or notary to represent 
before the Patent Office authorizes him by law to assert all rights under this Federal 
Act before the Patent Office and - insofar as he is legally authorized to do so - to the 
appellate authorities, in particula r to file patents and registrations to restrict or 
withdraw, to raise objections, to waive patents, to introduce and withdraw 
applications to be dealt with by the Invalidity Department, as well as to withdraw legal 
remedies, to conclude settlements, to acc ept notifications of all kinds as well as 
official fees and the proceedings and representation costs to be reimbursed by the 
opponent, as well as a deputy order.  
(7) The authorization pursuant to Paragraph 6 can be limited to a specific property 
right and to representation in a specific procedure.  However, it is not canceled either 
by the death of the principal or by a change in his or her ability to act.  
(8) If a representative who is not a lawyer, patent attorney or notary should also be 
authorized to wai ve a granted patent in whole or in part, he must be expressly 
authorized to do so.  
Effect  of the patent  
Section  22. (1) The patent entitles the patent proprietor to exclude others from 
producing the subject matter of the invention operationally, placing it on the market, 
selling it or using it, or importing it or owning it for the stated purposes.  The effect of    
 
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the pat ent does not extend to studies and experiments as well as the practical 
requirements resulting therefrom, insofar as they are necessary for obtaining a 
pharmaceutical approval, authorization or registration for placing on the market.  
 
(2) If the patent has  been granted for a process, the effect also extends to the 
products directly manufactured by this process.  
(3) The patent also has the effect that any third party is prohibited from offering or 
supplying means relating to an essential element of the inven tion for the use of the 
invention to persons other than those authorized to use the invention without the 
consent of the patent owner if the third party knows or it is obvious from the 
circumstances that these means are suitable and intended to be used for  the use of 
the invention.  
(4) Paragraph 3 does not apply if these means are generally commercially available 
products, unless the third party deliberately causes the person to be supplied to act 
in a manner prohibited under Paragraph 1.  
(5) Persons who do  not carry out the actions mentioned in Paragraph 1 on an 
operational basis are not deemed to be persons within the meaning of Paragraph 3 
who are authorized to use the invention.  
Section  22a. (1) The scope of protection of the published application and th e patent 
is determined by the claims.  However, the description and the drawings are to be 
used to interpret the claims.  The Protocol on the Interpretation of Article 69 of the 
European Patent Convention shall apply mutatis mutandis.  
 
(2) For the period up to the grant of the patent, the scope of protection of the 
application is determined by the patent claims last filed, which are contained in the 
publication pursuant to Section  101. However, the patent in its granted version or as 
amended in opposition or revocation proceedings retrospectively determines the 
scope of protection of the application, unless its scope is extended.  
Section  22b. (1) The protection of a patent for biol ogical material that is endowed 
with certain properties on the basis of the invention includes any biological material 
that is obtained from this biological material by generative or vegetative propagation 
in the same or different form and is endowed with the same properties.  
 
(2) The protection of a patent for a process which enables the production of a 
biological material endowed with certain properties on the basis of the invention 
includes the biological material directly obtained with this process and any other 
biological material endowed with the same properties, which is generative or 
vegetative Propagation is obtained in the same or different form from the directly 
obtained biological material.  
(3) The protection granted by a patent for a product tha t consists of or contains 
genetic information extends, subject to Section  1 (3) subparagraphs 2 and 3, to every 
material in which this product is incorporated and in which contains the genetic 
information and fulfills its function.     
 
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Section  22c. (1) The protection provided in Section  22b does not extend to biological 
material obtained through generative or vegetative propagation of biological material 
that has been placed on the market in the European Economic Area by the patent 
holder or with his consent, if the generative or vegetat ive propagation is necessarily 
the result of the use for which the biological material was placed on the market, 
provided that the material so obtained is not subsequently used for other generative 
or vegetative propagation.  
 
(2) Notwithstanding Section  22b, the sale or other marketing of plant propagation 
material by the patent holder or with his consent to a farmer for agricultural cultivation 
includes his authorization to use his harvested material for generative or vegetative 
propagation by himself on h is own farm, the extent and modalities of this derogation 
correspond to those of Article 14 of Regulation (EC) No. 2100/94.  
(3) Notwithstanding Section  22b, the sale or other marketing of breeding cattle or 
animal reproductive material by the patent holder  or with his consent to a farmer 
includes his authorization to use the protected cattle for agricultural purposes.  This 
authorization also extends to the surrender of livestock or other animal reproductive 
material for the continuation of its agricultural activity, but not to the sale with the aim 
of or in the context of commercial livestock breeding.  Appropriate compensation is 
payable for this authority.  
(4) Section  22b does not apply to biological material that was accidentally or 
technically unavoidable  obtained in agriculture.  A farmer can therefore not be claimed 
if he has not grown seeds or seedlings that are subject to patent protection.  
Section  23. (1) The patent does not come into effect against anyone who at the time 
of filing the application was already using the invention in good faith in Austria  or who 
had organized the events necessary for such use (previous users).  
 
(2) The previous user is a uthorized to use the invention for the needs of his own 
business in his own or third -party workshops.  
(3) This authorization can only be inherited or sold together with the company.  
(4) The previous user can demand that his authorization is recognized by t he patent 
owner by issuing a certificate.  If this recognition is refused, the patent office must, 
upon application, decide on the claim made in the procedure provided for the 
contestation process.  The recognized authorization must be entered in the patent 
register at the request of the person entitled.  
Section  26. The effect of a patent does not extend to vehicles and to equipment on 
vehicles which are only temporarily brought into Austria  due to their use in traffic.  
 
Relationship  between  several  patent  holders  
Section  27. (1) The patent applied for by several persons as partners in the same 
invention is granted to them without specifying the parts.  
 
(2) The legal relationship between the partners in a patent is based on civil law.     
 
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(3) In case of d oubt, the right to allow third parties to use the invention is only 
available to the totality of the partners;  However, everyone is authorized to prosecute 
interventions in the patent.  
Duration  of the patent  
Section  28. (1) The maximum duration of the patent is 20 years from the filing date.  
 
(2) Additional patents come to an end with the parent patent.  An additional patent 
can, however, be maintained as an independent patent if the parent patent is 
revoked, withdrawn, declared void or waived.  With rega rd to the duration, the due 
date and the extent of the annual fees, the additional patent that has become 
independent takes the place of the master patent.  
Binding  of the patent  owner  to the legal  regulations  
Section  30. A patent does not exempt  from compliance with the legal provisions.  
(Federal  Law Gazette  No. 78/1969,  Art. IZ 5) 
 
Section  31. (1) The patent proprietor can exercise the invention commercially from 
the date of the announcement of the grant of the patent in the scope of protection 
resulting from the patent specification, without being bound by the regulations for 
obtaining a trade license.  The preferential treatment includes the manufacture, the 
placing on the market and the offering for sale of the subject matter of the 
invention.  If the subject of the invention is a process, the benefit also extends to its 
use. 
 
(2) In the case of a majority of patent holders, this preferential treatment only applies 
to those to whom the patent is entitled to at least a quarter.  
(3) If t he benefit is claimed by a person at a point in time when the patent is not 
available to more than four people, it is assumed that this person fulfills the 
requirement of Paragraph 2, as long as the opposite is not proven.  Section  27 (2) is 
not affected by  this. 
(4) If the patent is legally revoked, declared null and void or revoked, the invention 
may from this point on be exercised commercially only on the basis of the trade 
license required for the activity in question.  The same applies if the patent has only 
been partially revoked, declared null and void or revoked, for any commercial 
exercise that is no longer covered by the scope of protection of the patent.  However, 
if the patent expires ( Section  46) or is withdrawn ( Section  47), the preferential 
treatment in accordance with Paragraph 1 continues to exist if it was already claimed 
when the patent was expired or when it was withdrawn.  
Section  32. (1) Anyone wishing to avail themselves of the preferential treatment of 
Section  31 (1) must notify the district administrative authority in whose sphere of 
activity the exercise is to take place at the latest when the invention begins to be 
exercised.  
 
(2) In the notification, the patent proprietor must indicate his place of residenc e and 
nationality as well as the location of the exercise.  The notification must be    
 
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accompanied by the patent specification and an extract from the register that is no 
more than one month old ( Section  80 (6)).  
(3) The district administrative authority must  be notified of the revocation, annulment 
or deprivation of a patent for an invention, the exercise of which has been notified in 
accordance with Paragraph 1, within one month of the decision becoming final.  If the 
patent is only partially revoked, declare d null and void or revoked, a certified copy of 
the award of this decision must also be submitted.  
(4) Whoever is exercising the invention at the time of the events mentioned in 
Paragraph 3 is obliged to notify pursuant to Paragraph 3.  
(5) Persons who set up a business that has benefited from Section  31 must notify the 
responsible district administrative authority of this within one month.  
(6) Anyone who does not submit reports in accordance with Paragraphs 1, 3 or 5 in 
time is committing an administrative offense and is to be punished by the district 
administrative authority with a fine of up to EUR 1,090.  
Transmission  
Section  33. (1) The right from the application for a patent and the patent law pass to 
the heirs;  a right of reversal does not apply to these rights.  
 
(2) Both rights can be transferred to others in their entirety or in part by means of a 
legal transaction, judicial decision or testamentary disposition.  
(3) If the right from the application for a patent is transferred, the patent is grante d to 
the legal successor of the applicant if it is granted.  The provisions of Section  43 
Paragraphs 5 to 7 apply accordingly.  
Liens  
Section  34. A patent right can form the subject of a lien.  
 
Voluntary  Licenses  
Section  35. The patent owner is entitled to allow third parties to use the invention for 
the entire area of validity of the patent or for part of it, with or without the exclusion of 
other authorized users (license).  
 
Compulsory  licenses  
Section  36. (1) If a patented invention cannot b e exploited without infringing an 
invention patented with better seniority (older patent), the owner of the younger 
patent is entitled to a non -exclusive license to the older patent, if the one with the 
younger one Patent -protected invention represents an important technical advance of 
considerable economic importance compared to the invention protected by the earlier 
patent.  If a license is granted, the owner of the older patent is also entitled to a non -
exclusive license for the younger patent.  
 
(2) If a plant breeder cannot obtain or exploit a plant variety right without infringing an 
invention that has been patented with better seniority (earlier patent), he is entitled to 
a non -exclusive license to the patent, provided that the plant variety re presents a 
significant technical advance of considerable economic interest compared to the    
 
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patented invention and insofar as this license is required for the exploitation of the 
plant variety to be protected.  
(3) If the holder of a patent for a biotechnolo gical invention is granted a non -exclusive 
license for a plant variety protected by a plant variety right granted with a higher 
priority (older plant variety right) because he cannot exploit the biotechnological 
invention without violating an earlier plant  variety right, then the owner of the older 
plant variety right is entitled to a non -exclusive license to the younger patent for the 
exploitation of the protected invention.  
(4) If a patented invention is not exercised in Austria  to an appropriate extent, 
whereby the exercise can also be carried out by import, and the patent holder has 
not done everything necessary for such exercise, everyone is entitled to a non -
exclusive license for his operation the patent, unless the patent owner can prove that 
the prac tice of the invention in Austria  is not reasonable or not to a greater extent 
than has been done because of the difficulties opposing the practice.  
(5) If the granting of a license to a patented invention is necessary in the public 
interest, everyone has t he right to a non -exclusive license to the invention for his 
business.  The federal administration's claim in this regard, however, is not tied to any 
company.  
Section  37. (1) If the person entitled to grant a license in accordance with Section  36 
refuses to grant it, although the license applicant has endeavored to obtain approval 
within a reasonable period of time under reasonable customary business conditions, 
the patent office shall, at the request of the license applicant, decide on the cha llenge 
of Procedure prescribed by patents.  In the case of the granting of a license, an 
appropriate remuneration is to be determined, taking into account the economic 
value of the license.  Any necessary security as well as the other conditions of use are 
to be determined taking into account the nature of the invention and the 
circumstances of the case.  The scope and duration of the license in accordance with 
Section  36 are primarily permitted for supplying the domestic market and are to be 
limited to the pu rpose  who made it necessary.  In the case of semiconductor 
technology, the license can only be granted for public, non -commercial use or to put 
an end to an anti -competitive practice determined in a court or administrative 
proceeding.  
 
(2) The granting of a  license in accordance with Section  36 (4) can only be applied 
for four years after the application or three years after the announcement of the grant 
of the patent for which the license is sought;  the deadline which expires last is 
decisive.  
(3) In the ca se of Section  36 (5), in the event of a national emergency or other 
circumstances of extreme urgency, the requirement to obtain the consent of the 
person entitled to grant a license can be waived.  In this case, a provisional 
authorization to use the invent ion must be granted by way of an interim decision.  
(4) A license granted in accordance with Paragraph 1 is subject to adequate 
protection of the legitimate interests of the authorized persons upon request and if 
and to the extent that the circumstances tha t led to it cease to exist and are unlikely    
 
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to recur.  The patent office decides on this application in the procedure prescribed for 
the challenge of patents.  
(5) In proceedings on the granting or revocation of licenses in accordance with 
Section  36 (2) and  (3), each senate of the nullity department must have a member 
who, on the proposal of the Federal Minister for Agriculture, Forestry, Environment 
and Water Management, has been appointed by the Federal Minister for Transport, 
Innovation and Technology has  been appointed.  
License  transfer  
Section  38. Licenses pursuant to Section s 35 and 36 Paragraphs 2 to 5 as well as 
on the more recent patent pursuant to Section  36 Paragraph 1 can only be 
transferred among the living without the consent of the patent holde r together with 
the licensed part of the company or business operations and are subject to death 
because of this, it is only transferred to the legal successor if the part of the company 
or business operations entitled to the license is continued by them.  A license granted 
to the older patent in accordance with Section  36 (1) is not transferable unless it is 
transferred together with the newer patent.  
 
Entry  in the patent  register  
Section  43. (1) Patent law ( Section  33), lien and other real rights to patent rights are 
acquired upon entry in the patent register and become effective against third parties.  
 
(2) The provisions of civil law remain authoritative for the time at which the license 
rights are acquired.  The license rights towards third parties only become effective 
when they are entered in the patent register.  
(3) The order of precedence for the aforementioned rights is determined by the order 
in which the entries are submitted to the Patent Off ice, provided that the entry leads 
to entry.  
(4) Entries received at the same time enjoy the same ranking.  
(5) The entries in the patent register according to Paragraphs 1 and 2 as well as the 
entry of the expiry of the rights to patent rights entered in t he patent register are 
made upon a written application by one of the parties or upon a court request.  
(6) A copy of the document on the basis of which the entry is to be made must be 
submitted with the application for registration.  If the original of the d ocument is not a 
public document, it must be signed with the certified signature of the person 
disposing of his rights.  In the case of the transfer of the patent right, a corresponding 
declaration of the parties or their representatives for the transfer ca n be submitted 
instead of the document.  
(7) The form and content of the application for registration, the certificate and the 
declarations are subject to examination by the Patent Office.  If justified doubts arise, 
the patent office can request originals o r certified copies or other documents.  
Charges     
 
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Section  44. Anyone who acquires a patent assumes the liability thereon, which can 
be seen from the patent register at the time the application for registration is 
submitted to the patent office or which are du ly registered for registration.  
 
Dispute  Notes  
Section  45. (1) Disputes pending in court on the affiliation of patents, on liens or 
other rights in rem to patents, as well as the procedures on naming the inventor 
(Section  20 (5) and (6)), the existence of a prior user right ( Section  23) and granting 
Compulsory licenses ( Section  36), an objection ( Section  102), furthermore because 
of withdrawal ( Section  47), declaration of invalidity ( Section  48), revocation ( Section  
49) and declaration of dependency ( Section  50) must be noted in the patent register 
upon request (note in dispute).  
 
(2) The notice of dispute has the effect that the decision expresses its full 
effectiveness also against those pe rsons who only obtained entries in the patent 
register after the date of receipt of the request for a notice of dispute at the patent 
office.  
Expiry  
Section  46. (1) The patent expires 1. if the annual fees are paid on time, at the latest 
when the maximum duration is reached;  2. if the annual fee due has not been paid in 
due time;  3. if the patent holder surrenders the patent.  
 
(2) If the waiver only affects individual parts of the patent, the patent shall remain in 
effect with regard to the remaini ng parts, provided that they can still form the subject 
matter of an independent patent.  
(3) In the case of para. 1 no. 1, the expiry applies to the achievement of the 
maximum period, in the case of para. 1 no. 2 with the expiry of the last year of validit y 
and in the case of para. 1 no.3 with the notification of the waiver to the patent office 
the following day.  
Withdrawal  
Section  47. (1) The patent can be withdrawn in whole or in part if the granting of 
compulsory licenses ( Section  36 (4)) has not been su fficient to ensure that the 
invention can be exercised in Austria  to an appropriate extent.  The withdrawal 
becomes effective when the decision becomes final.  
 
(2) The withdrawal can only be pronounced two years after the legally binding issue 
of a compulsory license.  It is excluded if the patent proprietor shows that, because of 
the difficulties opposing the exercise of the invention, he cannot reasonably be 
expected to exercise the invention at all or to a greater extent than it took place in 
Austria  or to have it exercised.  
(Note:  Paragraph  3 repealed  by Federal  Law Gazette  No. 181/1996)  
Annulment  
Section  48. (1) The patent is declared null and void if  
 
1. the subject matter of the patent does not correspond to Section s 1 to 3,     
 
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2. the patent does not disclose the invention so clearly and completely that a person 
skilled in the art can perform,  
 
3. the subject matter of the patent extends beyond the content of the application 
originally filed,  
4. the biological material deposited in accordance with Section  87a para. 2 no. 1 is 
not permanently either with the  original depository agency within the meaning of the 
Budapest Treaty on the International Recognition of the Deposit of Microorganisms 
for the Purposes of Patent Proceedings of April 28, 1977, Federal L aw Gazette No. 
104/1984, (Budapest Treaty) or at another depository agency to which it is referred 
according to this contract has been forwarded, was accessible, unless the patent 
proprietor proves,  
a) that he has deposited the biological material again a nd the deposit according to 
Art. 4  of this contract is to be treated as if it had been made on the date of the original 
deposit, or  
b) that he was prevented from such a new filing by an unforeseen or unavoidable 
event and that he has made up for it within two months after the hindrance no longer 
exists.  
(2) If the grounds for invalidity apply only partially, the invalidity is declared by a 
corresponding limitation of the patent.  
(3) In the cases of Paragraph 1 Nos. 1 to 3, the legally binding declaration of  nullity 
takes effect on the filing date, in the case of Paragraph 1 Nos. 4 on the date on which 
the depository first established that it is unable to do so To submit samples of the 
biological material.  If the subject -matter of the patent was not patentabl e according to 
Section  3 (2), the license rights legally ordered by the later applicant and honestly 
acquired by third parties, which have been entered in the patent register for a year 
and are not affected by any legally justified notice of dispute, remai n from this 
retroactive effect ( Section  45), unaffected, without prejudice to the resulting claims for 
compensation against the later applicant.  
Deprivation  
Section  49. (1) The patent is withdrawn from the patent proprietor if evidence is 
provided that  
 
1. that the patent proprietor was not entitled to the grant of the patent ( Section  4 (1), 
Section s 6 and 7);  
2. that the essential content of the application was taken from the descriptions, 
drawings, models, equipment or facilities of another person or fr om a method used by 
him without his consent.  
(2) If one of these prerequisites (para. 1 subparagraphs 1 and 2) only partially 
applies, the patent will only be partially revoked from the patent proprietor.     
 
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(3) In the first case, the claim to the revocation of the patent is only available to the 
person who is entitled to the grant of the patent, in the second case only to the 
impaired party and expires against the bona fide patent owner within three years from 
the date of his entry in the patent register.  
(4) The reciprocal compensation and recovery claims arising from the withdrawal are 
to be assessed according to civil law and asserted in civil law.  
(5) Instead of revocation, the transfer of the patent can be requested.  If the right to 
transfer only appli es to a portion, then the patent is to be transferred proportionally.  If 
no transfer is requested and the patent is revoked in its entirety, the patent protection 
ends when the decision making the revocation becomes final.  If the transfer of the 
patent is requested, the patent owner can only waive the patent with the consent of 
the applicant until the decision becomes final.  
(6) The license rights lawfully ordered by the previous patent owner, honestly 
acquired by third parties and entered in the patent reg ister for a year remain, 
provided they have not been affected by a legally justified dispute ( Section  45), 
without prejudice to the resulting claims against the previous patent owner, in In the 
event of such a patent transfer, it is also upheld vis -à-vis the new patent holder.  
(7) The request for revocation or transfer can also be made prior to the granting of 
the patent with regard to the patent application, whereby paragraphs 1 to 5 are to be 
applied mutatis mutandis.  The application is to be negotiated i n accordance with the 
procedural rules for the revocation of a patent.  If the transfer of the patent application 
is requested, the application process must be suspended until the final decision on 
the application has been made and can only be continued bef orehand with the 
consent of the applicant.  
Declaration  of dependency  
Section  50. The owner of an earlier patent or a utility model with an earlier priority 
within the meaning of the Utility Model Act can apply to the Patent Office for a 
decision that the c ommercial use of a patented invention requires the full or partial 
use of his invention.  The patent office has to decide on such an application in the 
procedure provided for the challenge process.  
 
Right  of retaliation  
Section  51. A right of retaliation can be exercised by ordinance of the Federal 
Government against nationals of a foreign state who grant no or incomplete 
protection to inventions by Austrian citizens.  
 
Deadlines  
Section  52. (1) If the duration of a period is not set by a law or  an ordinance, the 
authority shall set it with due regard to the requirements and the nature of the 
individual case, unless the President of the Patent Office provides provisions on the 
extent of Deadlines ( Section  99, Paragraph 6, third sentence).  
 
(2) The deadlines set by a law or an ordinance cannot be extended, unless expressly 
stated otherwise.  The deadlines set by the authority can be extended.     
 
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Section  53. (1) The course of a period begins with the event determined by the law 
or the ordinance, accor ding to which the beginning of the period should be based, or, 
unless otherwise specified when setting the period, with the delivery of the resolution 
setting the deadline or the order to the party setting it, or, if the resolution or the order 
was not ser ved but announced, with the promulgation.  
 
(2) When calculating a deadline that is determined by days, the day on which the 
event, delivery or announcement falls, according to which the beginning of the 
deadline is to be based, is not included.  
(3) Deadlin es determined by weeks, months or years end at the end of the day of the 
last week or the last month, which by its name or number corresponds to the day on 
which the period began.  If this day is missing in the last month, the period ends at the 
end of the last day of this month.  
Section  54. (1) The beginning and the running of a period are not hindered by 
Sundays and public holidays.  
 
(2) If the end of a period falls on a Sunday or a public holiday or on a working day on 
which the entry point of the Patent Office is closed, the next working day is to be 
regarded as the last day of the period.  
(3) The days of the post run are not included in the deadline for entries that have 
been posted in Austria . This does not apply in those cases in which the date on 
which the application was received by the Patent Office is decisive ( Section  102 (1) 
and Section  129 (3)).  
Section  55. If the time limits to which several persons involved in one and the same 
matter are entitled to carry out the same action expire at diffe rent times, the action 
can be carried out by each of these persons as long as one of them still has the time 
limit for this action is open.  
 
Section  56. If an entry comprises several industrial property rights (patents, 
trademarks, designs) or registration s of such rights, the submission of separate 
entries for each  (note:  correct:  each)  or individual of these rights (registrations) can 
be arranged  by setting a deadline  become.  The separate submissions submitted in 
good time are deemed to have been submitted on the day the original submission 
was received.  Section  163 (4) remains unaffected.  
 
II. PATENT  AUTHORITIES  AND  PATENT  BODIES  
Area  of activity  of the Patent  Office 
Section  57. (1) For the granting of patents, the revocation, the withdrawal, the 
declaration of invalidity, the withdrawal, the declaration of dependency, the decision 
on the naming as inventor ( Section  20), on the existence of the prior user right 
(Section  23) The patent office is responsible for granting licenses ( Section 36), 
requests for a declaration ( Section  163) as well as services and information in the 
field of industrial property protection ( Section s 57a, 57b) and all entries in the patent 
register.  
    
 
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(2) In the interests of international cooperation in the field of industrial property 
protection, it can be agreed that the Patent Office shall provide technical or legal 
assistance to states or international governmental or non -governmental organizations 
dealing with tasks in the above -mentioned field free of c harge or against reasonable 
reimbursement of costs.  Free of charge may only be agreed if the aid is in the public 
interest, is provided for purposes of development aid or only incurs negligible costs.  
Service  and information  services  of the Patent  Office 
Section  57a. Upon request, the patent office has written 1. research into the state of 
the art with regard to a specific technical problem and 2. expert opinion as to whether 
an invention that is patentable according to Section s 1 to 3 is compared to the one 
dated  applicant announced or the state of the art to be researched by the patent 
office is available.  
 
Section  57b. The patent office has to expand its service and information services 
and in particular to make its documentation accessible for the purpose of making it 
easier to access and to provide the public with improved information in all relevant 
areas.  Section  81 (4) first sentence is to be applied mutatis mutandis.  
 
Organization,  seat and composition  of the patent  office  
Section  58. (1) The Patent Office is a federal authority which is established as a 
subordinate service authority to the Federal Minister for Transport, Innovation and 
Technology and which has its seat in Vienna.  The activities of the patent office must 
be consistent with the obligations of objectivity and equal treatment resulting from its 
public law position as a federal authority.  
 
(2) The Patent Office consists of a President, a Vice -President responsible for the 
legal area and a Vice -President responsible for the techn ical area as well as the 
legally qualified and technical members and other employees required to fulfill its 
tasks.  
(3) The President is responsible for managing the Patent Office, irrespective of the 
Vice Presidents' area responsibility.  
(4) The legally qualified members must have completed their university studies in 
law. The technical members must have completed a university degree in a field of 
technology or natural sciences.  The relevant service regulations also apply to the 
appointment of mem bers.  
(5) The vice presidents should have the formal qualifications provided for members of 
the patent office (the technical vice president as a technical member, the legally 
qualified vice president as a legally qualified member) or equivalent knowledge.  
Institutions  of the Patent  Office 
Section  60. (1) The Patent Office has the departments intended to fulfill its tasks and 
the other organizational units required.  
 
(2) The number of departments and organizational units, their area of responsibility 
and their staffing is to be determined by the President according to the respective 
requirements.     
 
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(3) Without prejudice to the tasks assigned to these departments and organizational 
units in other legal provisions, the following are respon sible:  
1. the technical departments for the procedure for the grant of patents, the opposition 
procedure, the procedures for the waiver and the reimbursement of written searches 
and opinions;  
2. the legal department for the procedure in matters relating to  the transfer of the right 
from the application, to other legal dispositions of such a right, to granted patents or 
to requests for restitution to the previous status, unless the technical department or 
the Cancellation Department is responsible;  
3. the In validity Department for the procedure on applications for withdrawal, 
declaration of invalidity, withdrawal, declaration of dependency, to be named as the 
inventor according to Section  20 (5), for recognition of the prior user right, for 
declaratory applic ations and for applications for compulsory licenses.  
(Note:  Z 4 repealed  by Federal  Law Gazette  I No. 126/2013)  
 
Section  61. (1) The President shall subdivide the entire field of technology into 
patent classes and, if necessary, subdivide these further;  he has to assign the 
individual patent classes or subdivisions to the technical departments according to 
the respective requirements.  
 
(2) Technical members are to be appointed to the technical departments and legally 
qualified members to the legal departments.  Legally qualified and technical members 
are to be appointed as members of the Invalidity Department.  The members of the 
technical departments and the legal departments can also be appointed to the nullity 
department at the same time.  
(3) The President shall appoint the required number of chairmen from the members 
of the Invalidity Department and a board of directors from the members of the other 
departments to manage and monitor the course of business as well as to make 
provisions for the ir deputies.  
(4) Each technical department is to be assigned a legally qualified member to 
participate in its collegial decisions or to make statements ( Section  62, Paragraph 
4). The same legally qualified member can also be assigned to several technical 
departments.  
(5) The division of responsibilities in the technical departments and the legal 
departments is determined by the board of directors of the respective department.  
(6) In the nullity department, the individual business cases are to be assigned to  the 
chairman by the president.  In doing so, consideration must be given to the burden 
and, in the case of the technical chairperson, to the subject area to be considered in 
the individual case.  
Decision -making  in the departments  
Section  62. (1) The technical member (examiner) who is responsible for the division 
of responsibilities is entrusted with the resolutions and orders within the sphere of    
 
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activity of the technical departments, unless otherwise stipulated in Paragraphs 3 and 
4. 
 
(2) Th e member who is assigned to the technical department ( Section  61 (4)), in 
whose patent classes or subdivisions the patent in question or in the patent classes 
or subdivisions thereof, is responsible for passing resolutions and for all dispositions 
in matters of patent protection that fall within the scope of the leg al department the 
relevant registration belongs ( Section  61 (1)).  If such matters concern a number of 
patents (patent applications), the member who, in accordance with Section  61(5), is 
responsible for the patent or patent application mentioned first in th e relevant request 
shall be responsible.  
(3) The technical department has to decide on the complete or partial rejection of a 
registration according to Section  100 paragraph 1 and on the objection by three 
members, among whom there must be two technical m embers.  The head  of the 
department and the examiner  must belong to the Senate.  The head of department  
chairs.  
(4) The legally qualified member assigned to the technical department must 
participate in the decision -making process in accordance with Paragraph  3 as voting 
leader, or the examiner, if he is solely entitled to the decision -making process 
(Paragraph 1), must obtain the statement of the legally qualified member beforehand, 
provided that  
1. a decision is to be made on patentability from the point of view of industrial 
applicability or on the basis of Section  2, 
2. to decide on priority rights ( Section s 93 to 95), the legal requirements of which are 
doubtful or disputed,  
3. Witnesses or experts are questioned or an inspection is to be carried out, 4. A  
decision is to be made on a regulatory or willful penalty.  
(5) If, at a meeting of the Technical Department consisting of three technical 
members, the majority is of the opinion that a decision is also to be taken on one of 
the questions to be dealt with in para. 4, the legally qualified member assigned to the 
Technical Department shall participate in the decision -making process instead of a 
technical member.  
(6) Insofar as the composition of the Senate is not determined by Paragraphs 3 to 5, 
it is the res ponsibility of the Board of Directors of the Technical Department.  In doing 
so, he has to take into account the subject area in question.  
(7) Before deciding on matters that fall within the sphere of activity of the legal 
department ( Section  60, Paragraph 3, Item 2) and in which technical questions may 
be of importance, the legally qualified member must obtain the statement of the 
competent technical member.  
(8) The member decides on claims according to the Fee Claims Act 1975, Federal 
Law Ga zette No. 136, in the case of a Senate the chairman.     
 
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Section  62a. (1) By ordinance of the President, employees who are not members of 
the Patent Office may be authorized to deal with matters relating to applications and 
granted patents, which are to be spe cified in a specific manner, provided this is 
expedient because of the simplicity of the processing and the training of the 
authorized employees Provides a guarantee for proper execution.  You are bound by 
the instructions of the member responsible after th e allocation of responsibilities.  This 
can at any time reserve the right to do things or draw them to itself.  
 
(2) The resolutions of the employees authorized according to Paragraph 1 can be 
challenged like those of the responsible member.  
Section  63. (1) The Invalidity Division makes its final decisions with the inclusion of 
the chairman through two legally qualified and three technical members.  
 
(2) The presence of three members is sufficient for interim decisions in the nullity 
division.  Decisions terminating the proceedings without the requirement of a decision 
on the matter itself as well as resolutions on claims under the Fee Claims Act are 
made by the chairman.  
Section  64. (1) A simple majority of votes is sufficient for deci sions in the Senate.  In 
a tie vote, the chairman decides.  
 
(2) The decisions of the Patent Office are to be given reasons.  If an application is 
granted in full in the unilateral procedure before a technical department or the legal 
department, the justifica tion can be omitted.  All transactions are to be made in writing 
and sent to all involved ex officio or sent by telegraph, telex or fax.  Written copies can 
be transmitted by means of automated data transmission or in any other technically 
possible manner if  
1. the party has submitted entries in the same permissible manner and has not 
expressly objected to this type of transmission to the authority, or  
2. the party has expressly consented to this type of transmission.  
(3) A completion is approved by the signa ture of the approver.  This can, however, be 
dispensed with if it is ensured that the person who issued the approval can be 
identified in another way.  
(4) The form and type of transactions as well as the copies are regulated by 
ordinance of the President of  the Patent Office.  
(5) Written copies that are generated automatically or that are transmitted by 
telegraph, telex, fax, automated data transmission or in any other technically possible 
manner require neither a signature nor an authentication.  
Section  65. (1) The preparatory decisions of the technical department are to be 
made by the examiner.  If it is not just a matter of correcting external deficiencies in 
entries or correcting the description provided, a record of the interrogation of parties , 
witnesses or experts must always be recorded.  
    
 
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(2) Resolutions are made on the basis of a written application.  Changes decided in 
the meeting are to be implemented in the draft of the proposal.  If the resolution 
deviates significantly from the proposal, the draft is to be rewritten in agreement with 
the member whose proposal was raised.  
(3) Each member of the Senate can change his position up to the end of the 
meeting.  If this means that the resolution passed no longer has a majority of votes, a 
new vote must be taken.  
(4) If there is no unanimity in the Senate about the verdict or the reasoning for the 
resolution, minutes must be taken in which the views of the Senate members and the 
proportion of votes are to be made clear.  Otherwise, a voting note is su fficient, which 
must be signed by all members of the Senate.  
Section  66. The senates of the nullity division are to be composed by the 
chairperson on a case -by-case basis.  In doing so, consideration must be given to the 
burden and, in the case of the techn ical members, to the subject area to be 
considered in the individual case.  
 
Official  dress  
Section  67. (1) During all oral hearings, the members of the Invalidity Division must 
wear official dress.  The more detailed provisions on the nature and wearing of the 
official dress are made by ordinance of the President of the Patent Office.  
 
(2) The party representatives listed in Section  77 are entitled to wear their official 
dress if they intervene in oral negotiations with the Invalidity Department.  
Course  of business  
Section  68. The course of business is to be regulated in more detail, taking into 
account an orderly and rapid process and taking into account the tasks incumbent on 
the Patent Office, by ordinance of the President of the Patent Office.  It must also be 
determined how submissions can be submitted directly to the patent office and when 
they are deemed to have been received by the patent office.  The entries must be 
marked with the date they were received.  
 
Section  69. An ordinary legal reme dy is only permissible against the decisions of the 
President to which he is called under this Federal Act if this is expressly provided for 
in this Federal Act.  Section  2 (2) of the Service Law Procedure Act 1984, Federal 
Law Gazette No. 29, is not affect ed by this.  
 
Grounds  for exclusion  
Section  76. (1) Members of the Patent Office are excluded from participation:  
 
1. In matters in which they are themselves a party or in respect of which they are one 
of the  parties are in a relationship with a jointly entitled, jointly obliged or subject to 
recourse;   
 
2. in matters of their spouses or registered partners or such persons who are with  are 
directly related or related by marriage to them or with whom they are related up to the 
fourth degree on the sidelines or are related by marriage to the second degree;     
 
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3. in matters of their choice or foster parents, choice or foster children, their ward or 
foster family members;  
4. in matters in which they represent or have represented one of the parties or in 
relation to which they have experienced or are in prospect of material advantage or 
damage;  
5. if there are other important reasons that are likely to cast doubt on your complete 
impartiality.  
(2) A member of the Patent Office who considers himself excl uded from participating 
in a decision (Paragraph 1) must notify the head of the department or the chairman, 
stating the reasons.  If he considers the reason for exclusion to be given, he has to 
make the necessary decisions regarding the appointment of a sub stitute member.  If 
the board of directors or the chairman is affected by the reason for exclusion, the 
notification must be sent to the President of the Patent Office.  
(3) If one of the parties asserts a reason for exclusion in proceedings before the 
Paten t Office, the procedure referred to in Paragraph 2 shall apply.  
Party  representatives  
Section  77. Only lawyers, patent attorneys and notaries as well as the financial 
procuratorate are authorized to represent parties professionally before the Patent 
Office. 
 
Prohibition  of angle  writing  
Section  78. (1) Anyone who works in the field of protection of inventions without 
being authorized to professionally represent parties in such matters in Austria  
 
1.drafts documents or drawings for use by domestic or foreign authorities,  
2. provides information,  
3. represents parties before domestic authorities or  
4. offers one of the activities mentioned under items 1 to 3,  
is guilty of angle writing and shall be  punished by the district administrative authority 
with a fine of up to € 4,360.  
(2) The representation of a legal person by employees of another legal person that is 
economically connected to it is not considered to be a scribble.  With the exception of 
natural persons, other legal entities are treated the same as legal persons.  
(3) The sp ecial provisions on the treatment of angle recorders in the ordinary courts 
remain unaffected.  
Patent  gazette  
Section  79. (1) The Patent Office shall publish a periodically published official patent 
gazette in which the notices provided for in this Federal Act and the ordinances to be    
 
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issued by the President of the Patent Office are to be published.  Unless expressly 
stated o therwise, these ordinances come into force on the day after the issue of the 
patent gazette containing the pronouncement.  
 
(2) The establishment and publication of this gazette is regulated by the President by 
ordinance.  
Patent  register,  patent  specificati ons 
Section  80. (1) A patent register is to be kept at the Patent Office.  It must contain the 
number, the title, the filing date and, if applicable, the priority of the granted patents 
as well as the name and the registered office or place of residence of the patent 
proprietors and their representatives.  The beginning, the expiration, the revocation, 
the withdrawal, the declaration of invalidity, the withdrawal, the declaration of 
dependency, the naming as inventor, the self -declaration of an additional pat ent and 
the transfer of patents, liens and other real rights to patents, license rights, the 
employer's right of use, previous user rights, reinstatement in the previous status, 
determination decisions and disputes as well as information according to Secti on 156 
para. 2 must also be entered in the register.  
 
(2) The descriptions and drawings belonging to the existing patents as well as the 
applications and documents on which the entries in the register are based are kept 
by the Patent Office during the validity of the patent.  
(3) Anyone is free to inspect the patent register.  
(4) The Patent Office shall publish the descriptions, patent claims, drawings and 
summaries of the granted patents, insofar as they are free to inspect, in a patent 
specification.  In the patent specification, the citations must be indicated which the 
patent office has taken into account for the assessment of the patentability of the 
invention applied for.  
 (5) Public law institutions can request a copy of all patent specifications is sued from 
the time the request was received free of charge if these are made available to the 
public.  
(6) Upon request, the Patent Office will issue certified copies of the entries in the 
register.  
File inspection  and data protection  
Section  81. (1) Those involved in a procedure are entitled to inspect the files relating 
to the procedure.  
 
(2) Anyone may inspect files relating to published patent applications and patents 
granted thereon.  
(3) Files relating to unpublished patent applications may only b e viewed by third 
parties with the consent of the applicant.  Consent is not required for those against 
whom the applicant referred to his patent application.  After a separate application 
has been published, anyone can inspect the files of the earlier appli cation without the 
consent of the applicant.     
 
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(4) Files relating to research and expert opinions in accordance with Section  57a may 
only be viewed by third parties with the consent of the applicant.  The person to whom 
the applicant has referred to such a search or such an expert opinion does not 
require consent.  
(5) The right to inspect files also includes the right to make copies.  These are to be 
certified by the patent office upon request.  
(6) Information and official confirmations about when, under whic h title, by whom and, 
if applicable, by which representative an application was filed, which file number it 
bears, which patent class it belongs to, which priority is claimed, which file number 
bears the priority application, whether an independent patent or an additional patent 
is to be obtained, if necessary who is named as the inventor, whether the application 
is still being processed and whether and to whom the rights have been transferred 
from it, are to be granted to everyone.  
(7) Consultation minutes  and only parts of the files relating to the internal course of 
business are excluded from inspection.  Upon request, if there is a business or trade 
secret or any other reason worthy of consideration, parts of the files can also be 
excluded from inspection , the disclosure of which is not necessary for the information 
of the public.  
(8) Insofar as personal data are processed in the register or in publicly accessible 
electronic information services of the Patent Office, do not exist  
1. The right to informatio n in accordance with Article 15 (1) (c) of Regulation (EU) 
2016/679 on the protection of natural persons with regard to the processing of 
personal data, on the free movement of data and on the repeal of Directive 95/46 / 
EC (General Data Protection Regulat ion) , OJ No. L 119 of 04.05.2016 p. 1, in the 
version of the correction OJ No. L 314 of 22.11.2016 p. 72, (hereinafter: GDPR),  
2. the notification obligation according to Art. 19 second sentence GDPR and  
3. the right to restriction of processing according to Art. 18 and the right to object  in 
accordance with Art. 21 GDPR, whereby the data subjects must be informed of this in 
a suitable manner.  
The right to receive a copy of this data according to Art. 15 Para. 3 GDPR is fulfilled 
by the fact that the person concerned can inspect the patent register or the publicly 
accessible electronic information services of the patent office.  
Samples  of deposited  biological  material  
Section  81a. (1) Before the date of publication of the application, every person who 
has the right to inspect files according to Section  81 (3) is entitled to a sample of a 
biological material deposited in accordance with Section  87a (2) no.1.  Every person 
who makes a request has this right from the day the application is published.  Subject 
to Paragraphs 2 and 3, access is established by h anding over a sample of the stored 
biological material to the applicant or an independent expert.  
 
(2) The surrender will only take place if the applicant undertakes, for the duration of 
the patent's effect or until the application has been withdrawn or re jected,     
 
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1. not to make a sample of the deposited biological material or any material derived 
from it accessible to third parties and  
2. not to use a sample of the deposited material or a material derived from it for 
purposes other than experimental purpose s, unless the applicant or the proprietor of 
the patent expressly waives such an obligation.  
(3) Until the technical preparations for the publication of the application have been 
completed, the applicant can request that the access specified in Paragraph 1  
1. until the patent is granted or  
2. in the case of withdrawal or rejection of the application for a period of twenty  years 
from the filing date  is only produced by handing over a sample to an independent 
expert.  
(4) The following can be named as an expe rt within the meaning of Paragraph 3  
1. Any natural person, provided the applicant can prove that the nomination has been 
approved  of the applicant takes place,  
2. any natural person who is recognized by the President of the Patent Office as an 
expert and  is entered in the register of experts kept by the Patent Office.   
With the appointment a declaration of the expert is to be submitted, in which he 
enters into the obligations towards the applicant according to paragraph 2.  
Ordinary  and malicious  punishments  
Section  82. (1) The leader of a hearing, an interrogation, an inspection or the taking 
of evidence must ensure that order is maintained and that decency is maintained.  
 
(2) Persons who disrupt the official act or who violate decency through improper 
behavior are to be admonished.  If the admonition remains unsuccessful, they can be 
withdrawn from the floor after the previous threat, their removal ordered and the 
appointment of a representative or a fine of up to 726 euros imposed on th em. 
(3) The same administrative penalties can be imposed on persons who use offensive 
spelling in their written submissions.  
(4) The head of the official act is entitled to take measures in accordance with 
Paragraph 2.  In proceedings before the Invalidity Department, the Senate has to 
decide on the removal of a person involved in a hearing or the imposition of a fine 
during a hearing.  Administrative penalties according to Paragraph 3 are to be 
imposed by the Senate in proceedings in which the decision belon gs to a Senate.  
(5) Public bodies and authorized representatives who are authorized to professionally 
represent parties are not subject to a disciplinary law and not to impose a fine, but to 
report to the disciplinary authority.  
(6) The imposition of a fin e does not exclude criminal prosecution for the same act.     
 
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Section  83. A willful penalty of up to 726 euros can be imposed on persons who 
apparently deliberately make use of the activities of the patent office or who provide 
incorrect information with the i ntention of delaying the matter.  In proceedings in which 
the decision belongs to a Senate, the Senate has to decide on willful penalties.  
 
Section  84. (1) The administrative and willful penalties accrue to the federal 
government.  The provisions of the Administrative Criminal Law 1991, Federal Law 
Gazette No. 52, on the execution of sentences are to be applied mutatis mutandis.  
 
(2) The body responsible for imposing administrative fines is that which carries out 
the disrupted official act or before which  decency is violated by improper behavior or 
to which submissions ( Section  82 (3)) are directed.  The body responsible for the 
imposition of willful punishment is the one whose activity is deliberately used or 
before which incorrect information is given wit h the intention of delaying the matter.  
(3) An appeal is permitted against a resolution by the Technical Department, the 
Legal Department or the Invalidity Department imposing a regulatory or willful 
penalty.  The appeal is to be filed within two weeks and has no suspensive effect.  No 
appeal is permitted against the decision of the second instance.  
Delivery  
Section  85. Unless otherwise provided in Section  86, the delivery of documents from 
the Patent Office shall be carried out in accordance with the Service Act, Federal Law 
Gazette No. 200/1982.  
 
Section  86. If an attachment is submitted jointly by several people who do not all live 
in Austria , then in case of doubt the person living in Austria  who is named in the first 
place is deemed to be the joint authorized recipient.  
 
III. PROCEEDINGS  
A. Grant  of Patents  
Patent  application  
Section  87. (1) The application for an invention in order to obtain a patent must be 
submitted in writing to the Patent Office.  
 
(2) The day on which the application is received by the Patent Office is deemed to be 
the day of filing.  
Disclosure  
Section  87a. (1) The invention is to be disclosed so clearly and complet ely in the 
patent application that it can be carried out by a person skilled in the art.  
 
(2) If an invention relates to biological material which is not available to the public and 
which cannot be described in the application in such a way that a person s killed in 
the art can carry out the invention accordingly, or if the invention includes the use of 
such material, the invention is only valid then as disclosed in accordance with 
paragraph 1 if  
1. the biological material has been deposited with a depository within the meaning of 
the Budapest Treaty on the filing date at the latest,     
 
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2. the application contains the relevant information known to the applicant regarding 
the characteristics of the deposited biological material and  
3. the depository and the filing number of the deposit are given in the application.  
(3) The information mentioned in Paragraph 2 No. 3 can be submitted either  
1. within sixteen months of the filing date or, if priority is required  has been taken 
after the priority date, or  
2. by the date of filing a request for early publication of the application or  
3. within one month after the Patent Office has informed the applicant that a right to  
there is an inspection of files in accordance with Section  81 (3),  
whichever period expi res first is decisive.  
Unity 
Section  88. The application may only contain a single invention or a group of 
inventions which are interrelated in such a way that they realize a single general 
inventive idea.  
 
Registration  requirements  
Section  89. (1) The registration must contain:  
 
1. the name and seat or place of residence of the applicant and, if applicable, his  
Representative;   
2. the application for a patent;   
3. a short, appropriate description of the invention to be patented (Tite l)  
4. a description of the invention;  
5. one or more patent claims ( Section  91 Paragraph 1);  
6. the drawings necessary to understand the invention;   
7. a summary ( Section  91 (2)).  
(2) The parts of the registration mentioned in Paragraph 1 Z 4 to 7 must be su bmitted 
in two copies.  They can also be in English or in French.  
Section  89a. The commercial applicability of a sequence or partial sequence of a 
gene must be specifically described in the application.  
 
Section  91. (1) The claims must specify precisely and in a differentiating manner 
what protection is sought for.  They must be supported by the description.  
 
(2) The abstract must contain a short version of the disclosure contained in the 
application.  It is used exclusively for technical informat ion and cannot be used for 
other purposes, in particular not to determine the area of protection.     
 
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(3) The description, claims, drawings and abstract may be changed until the decision 
to grant has been adopted ( Section  101c (1)).  Insofar as the amendments  affect the 
essence of the invention, they are to be excluded from the application and, if the 
applicant wishes to obtain protection for them as well, to be registered separately 
(Section  99 (5)).  
Section  91a. If parts of the application are written in English or French ( Section  89 
(2)), the applicant must be requested to submit a translation into German within the 
period provided for in Section  99 (2) within the framework of the legality check, 
enclosing a preliminary search result.  This translation is to be used as the basis for 
the registration process;  their correctness is not checked in the registration process.  
 
Section  92. The form and content of the application and the form in which the 
application and the patent specification are to be published are to be regulated in 
more detail by means of an ordinance by the President of the Patent Office.  The 
greatest possible expediency and simplicity as well as the requirements of the 
publications must be taken into account.  
 
Division  of registration  
Section  92a. The applicant or owner of a granted patent or the respective legal 
successor may during the entire application process and until a period has expired  
 
1. two months after the decision rejecting the patent application has become final, or  
2. Six months after the announcement of the grant of the patent in accordance with 
Section  101c (2 ), if no opposition was filed, or  
3. two months after the decision on an objection raised in good time becomes final  
submit a separate application (divisional application).  The filing date of this divisional 
application is the day on which the original app lication was filed with the Patent Office 
if the applicant claims this date as the filing date in the divisional application and the 
divisional application does not go beyond the content of the earlier application as 
originally filed.  
Conversion  of the registration  
Section  92b. The applicant can apply for the conversion of the application into a 
utility model application within the meaning of the Utility Model Act until the decision 
to grant ( Section  101c (1)) or the rejection decision ( Section  100) has been 
drafted.  The filing date for this utility model application is the day on which the patent 
application was submitted to the patent office.  The conversion of a patent application 
is not permitted i f it is a utility model application converted in accordance with Section  
21 of the Utility Model Act.  
 
Priority  
Section  93. (1) On the day of the proper filing of a patent application, the applicant 
acquires the right of priority for his invention.  
 
(2) From this day onwards, it has priority over any identical invention registered later.     
 
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(3) If there are deficiencies in the application, their timely elimination ( Section  99) 
goes back to the day of the first submission, provided that the el imination of the 
deficiencies did not affect the essence of the invention.  
Section  93a. Within a period of twelve months after the filing date of an earlier patent 
or utility model application for a later patent application relating to the same invention, 
the applicant is entitled to the priority of the earlier patent or utility model application 
(internal priority).  The requirements and the effects of this priority right correspond to 
those of Article 4 of the Paris Convention for the Protection of Industr ial Property, 
Federal Law Gazette No. 399/1973.  
 
Section  93b. Within a period of twelve months from the filing date of an earlier patent 
or utility model application filed with a filing office not covered by an 
intergovernmental agreement on the recognition of priority, the applicant shall be 
entitled to the right of priority of the earlier patent or utility model application for a later 
patent application in Austria relating to the same invention, if a corresponding 
reciprocity with this filing o ffice has been established by a notice to be published in 
the Federal Law Gazette by the Federal Minister for Transport, Innovation and 
Technology.  The requirements and the effects of this priority right correspond to 
those of Article 4 of the Paris Conven tion for the Protection of Industrial Property, 
Federal Law Gazette No. 399/1973.  
 
Section  94. Separate priorities for individual parts of the subject of the registration 
(partial priorities) can only be claimed on the basis of Section s 93a or 93b or 
international agreements.  Such partial priorities are also permissible if the date on 
which the app lication is received by the patent office remains decisive for the priority 
of a feature of the subject matter of the application.  Several priorities can also be 
claimed for one patent claim.  
 
Section  95. (1) The priority rights granted on the basis of Sections  93a or 93b or by 
intergovernmental agreements are expressly to be claimed.  The date of the 
registration, the priority of which is claimed, and the country in which this registration 
was made must be  specified (declaration of priority).  The file number of this 
application must also be given.  
 
(2) The declaration of priority must be submitted within two months of the receipt of 
the application at the Patent Office.  Correction of the declaration of prio rity can be 
requested within this period.  
(3) If the acquisition or maintenance of the property right depends on whether the 
priority was rightly claimed, the right of priority must be proven.  The President of the 
Patent Office's ordinance shall determine which documents are required in the 
proceedings before the Patent Office for this proof (priority documents) and when 
these documents are to be presented.  
(4) If the declaration of priority is not submitted in time, the priority documents are not  
submitted in time or if the file number of the application whose priority is claimed is 
not disclosed in due time upon official request, the priority is determined on the day of 
the application in Austria .    
 
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Legality  check  
Section  99. (1) Every application is to be checked by the patent office by the 
technical department for legality, although a check is not carried out to determine 
whether the applicant is entitled to the grant of the patent.  The financial profitability of 
the invention cannot be assessed.  
 
(2) If the registration does not meet the prescribed formal requirements, the applicant 
must be requested to remedy the deficiencies within a certain period of time.  
(3) If the examination reveals, if necessary after the examination of experts, that a 
patentable invention does not exist, the applicant shall be notified of this after any 
examination by the examiner, stating the reasons, with the request to make a 
statement within a certain period of time.  
(4) If the examination reveals that the registration  is inconsistent ( Section  88), the 
applicant must be instructed to establish uniformity within a certain period.  In this 
case, at the request of the applicant, it must be determined by resolution that the 
registration is inconsistent.  If such a decision be comes final, the applicant must be 
given a further deadline to establish uniformity.  
(5) If the registration has been amended in an inadmissible manner ( Section  91 (3)), 
the applicant must be requested to eliminate the inadmissible amendments within a 
certain period of time.  For the part to be eliminated, a separate application can be 
submitted during the period specified in Section  92a, the filing date being the day on 
which the patent office was notified of the amendments in the proceedings relating to 
the original application.  
(6) The deadlines set out in Paragraphs 2 to 5 can be extended upon request.  The 
President of the Patent Office can draw up guidelines on the principles of 
examination and the procedure to be followed by the technical department.  In 
particular, he can determine the extent of the officially set deadlines.  In doing so, 
attention should be paid to the most efficient and precise examination possible, as 
well as a uniform treatment of the registrations by the technical department.  
Rejecti on of registration  
Section  100. (1) If the examination in accordance with Section  99 reveals that the 
grant of a patent is inadmissible, the application must be rejected.  If these 
prerequisites only partially apply, only the corresponding part of the application must 
be rejected.  
 
(2) In any case, the application must be rejected in it s entirety if one of the deadlines 
granted in accordance with Section  99 lapses unused and no response has been 
received by the time the rejection decision has been made.  
Publication  of the application  
Section  101. (1) Subject to Section  101a, the applicat ion must be published 
immediately after the expiry of eighteen months after the application date or, if priority 
has been claimed, after the priority date.  However, at the applicant's request, it can 
be published before this period has expired.  
    
 
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(2) The publication of the application shall contain the description, the claims, the 
drawings and the abstract, each as originally filed, and, as an annex, a search report 
if it is available before the technical preparations for publication are completed. The  
search report shall indicate the documents identified by the Patent Office at the time 
of preparation of the report which may be taken into consideration for the assessment 
of patentability. The search report shall be based on the patent claims as origina lly 
filed, and Section  22a (1), second and third sentences, shall apply mutatis mutandis. 
If the search report has not been published with the application, it shall be published 
separately, unless the application has been withdrawn or refused before comple tion 
of the technical preparations for such separate publication.  
(3) If the patent claims have been changed before the technical preparations for the 
publication of the application have been completed, the patent claims filed last shall 
also be included in the publication.  
(4) In the patent gazette, reference must be made to the publication of the 
application, stating the name and seat or place of residence of the applicant, a short, 
appropriate description of the subject matter of the invention (title) a nd the date of the 
application (announcement of the application).  
(5) From the date of its publication in the patent gazette (para. 4), the application 
gives the applicant a claim to reasonable remuneration against the person who has 
used the subject matte r of the application without authorization.  Section  154 shall 
apply mutatis mutandis, provided that this claim does not expire one year after the 
announcement of the grant ( Section  101c (2)).  
Section  101a.  (1) If the decision by which the patent was granted becomes legally 
binding before the deadline specified in Section  101 (1) has expired, the application 
must be published at the same time as the patent specification ( Section  80 (4)).  In 
this case, no sear ch report will be published.  
 
(2) The application shall not be published if it has been withdrawn or rejected before 
the technical preparations for publication have been completed.  If the rejection 
decision is not legally binding, the application must be p ublished even after the 
deadline specified in Section  101 (1) has expired.  
(3) If a utility model application is converted into a patent application in accordance 
with Section  21 of the Utility Model Act and publication can no longer be made within 
the per iod specified in Section  101 (1), the application must be published after this 
period has expired.  
(4) If a separate application can no longer be published within the deadline specified 
in Section  101 (1), the application must also be published after this deadline has 
expired.  
Third  party  objections  
Section  101b.  (1) After the application has been publi shed, any third party may raise 
objections to the patentability of the invention applied for.  The objections must be 
justified.  The third party has no party status and no claim to reimbursement of costs 
in proceedings before the patent office.  
    
 
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(2) The obj ections are communicated to the applicant, who can comment on them.  
Grant  of the patent  
Section  101c.  (1) If there are no concerns about the grant and the publication fee for 
the patent specification has been paid, the Technical Department shall decide to 
grant the patent.  
 
(2) The grant of the patent is to be published in the patent gazette.  At the same time, 
the patent specification must be published ( Section  80 (4)), the patent entered in the 
patent register and the patent certificate drawn up for the patent holder.  With the 
announcement in the patent gazette, the legal effects of the patent take effect.  
Notice  of withdrawal  or rejection  of registration  
Section  101d.  (1) If the application is withdrawn after publication or if the patent 
applicat ion is rejected, this must also be announced in the patent gazette.  
 
(2) With the announcement of the withdrawal or the rejection of the application, the 
effects of the temporary protection ( Section  101 (5)) are deemed not to have 
occurred.  
Objection  
Section  102. (1) Within four months from the date of the announcement of the grant 
of the patent ( Section  101c (2)), an objection can be raised against the grant of a 
patent.  The objection must be receiv ed by the patent office no later than the last day 
of the deadline.  
 
(2) The objection must be submitted in writing in duplicate.  It can only be based on 
the following allegations based on certain facts:  
1. that the subject matter of the patent does not correspond to Section s 1 to 3;   
2. that the patent does not disclose the invention so clearly and completely that a 
person skilled in the art would disclose it  can perform;   
3. that the subject of the paten t on the content of the application in its original  the 
filing date of the filing date;   
4. that the biological material deposited in accordance with Section  87a para. 2 no. 1 
is not always with the  original depository within the meaning of the Budapest Tr eaty 
or at another depository to which it has been forwarded under this contract, unless 
the patent holder can prove  
a) that he has deposited the biological material again and the deposit pursuant to Art 
4 this contract is to be treated as if it had been made on the date of the original 
deposit, or  
b) that he was prevented from such a new filing by an unforeseen or unavoidable 
event and that he has made up for it within two months after the hindrance no longer 
exists.     
 
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(3) A copy of the objection shall  be sent to the patent proprietor within a two -month 
period, which can be extended for reasonable reasons, so that he can submit his 
written statement.  
Opposition  proceedings  
Section  103. (1) As soon as the statement has been made or the deadline for 
making it has expired, the speaker entrusted with the matter will meet with any further 
exchange of correspondence that may be necessary, for questioning the parties 
involved, for obtaining th e evidence offered by the parties, for taking evidence as well 
In general, for the purpose of clarifying the true facts as reliably as possible, the 
corresponding dispositions.  
 
(2) If he considers this to be necessary in individual cases to decide on the objection, 
the chairman may, upon request or ex officio, call an oral hearing.  The hearing is 
public.  Section  119 (2) shall apply.  
(3) The chairman has to open the hearing and to convince himself of the identity of 
those appearing as well as to check their  party status and any power of 
representation.  He has to conduct the negotiation without admitting digressions or 
expansiveness in such a way that the parties have the right to be heard.  
(4) The chairman shall determine the order in which the parties are t o be heard, the 
evidence to be taken and the results of evidence or investigations taken earlier to be 
presented and discussed.  The chairman or members of the Senate appointed by him 
have to discuss the matter with the parties factually and legally.  
(5) Mi nutes of the oral hearing are to be recorded by a secretary.  In addition to the 
information on the place, time and subject of the hearing, this must contain the 
names of the members of the Senate, the secretary, the parties, their 
representatives, the witn esses who were heard and the experts, and a summary of 
the content and course of the hearing.  The minutes are to be signed by the chairman 
and the secretary.  Instead of the involvement of a secretary, the chairman can use a 
sound carrier, whereby the infor mation mentioned in sentence 2 must always be 
included in the minutes.  A written transfer must be made of the recording on the 
sound carrier.  These minutes are only to be signed by the chairman.  
 (6) The Fee Claims Act 1975 shall apply.  
Evaluation  of evidence  and decision  
Section  104. (1) The technical department must take a decision on the basis of free 
assessment of the facts and evidence available.  
 
(2) Consultation and coordination of the technical department take place in a closed 
meeting.  Settings can be decided in writing by circular, unless a member 
objects.  Section  117 first sentence is to be applied accordingly.  
(3) The speaker has to draft the decision on the basis of the resolutions passed.  If his 
opinion remains in the minority, he has to rework the draft in agreement with the 
member whose motion was raised for resolution.  The chairman can, however, entrust 
another member of the Senate with the elaboration of the draft or individual parts of 
it.    
 
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(4) The patent is to be r evoked if the opposition is successful.  If the opposition is 
partially successful, only the relevant part of the patent needs to be revoked.  In all 
other cases, the objection must be dismissed.  
Costs 
Section  105. The parties have to bear the costs of the o pposition proceedings 
themselves.  
 
Announcement  of the decision  on the objection  
Section  107. The complete or partial revocation of a patent is to be published in the 
patent gazette.  If the patent is only partially revoked, the patent office must publish 
the changes.  
 
Effects  of withdrawal  
Section  108. The effects of the application and the patent are deemed not to have 
occurred from the start to the extent that the patent is legally revoked.  
 
B. Research  and expert  opinion  
Requirements  and handling  of applications  
Section  111a.  (1) A request for research in accordance with Section  57a no. 1 may 
only deal with a single specific technical problem.  In the application, you can also 
request that the research be based on a previous day.  An exact and clear description 
and, if necessary, a concise summary of the specific technical proble m and drawings 
must be attached to the application.  
 
(2) A description of the invention, claims and, if necessary, drawings must be 
attached to the application for the submission of an expert opinion according to 
Section  57a Z 2.  Section  91 (1) shall apply  mutatis mutandis.  If the applicant does not 
state which state of the art the expert opinion is to be based on, the expert opinion 
shall be based on the state of the art known to the patent office on the day the 
application was received.  In the application , it can also be requested that the report 
be set to an earlier date.  
(3) The requests for research or for the submission of an expert opinion according to 
Section  57a including enclosures (paragraphs 1 and 2) must be submitted in writing 
in duplicate.  The description, claims and abstract can also be in English or French, 
but the Patent Office is entitled to request a German translation.  
(4) The technical member responsible according to the division of responsibilities 
(Section  61) is appointed to deal with  the applications.  If the applicant expressly 
requests this, the research or the report must be in English.  A copy of the enclosures 
provided by the applicant (Paragraphs 1 and 2) must be attached to the completion.  
(5) If the application or an attachment is defective, the applicant must be requested to 
remedy the deficiency within a certain period of time.  If the deficiency is not 
remedied, the application must be rejected with a resolution.  The decision can be 
appealed against.  
C. Challenge  of Patents   
Application     
 
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Section  112. (1) The initiation of proceedings for the withdrawal, annulment or 
withdrawal of patents takes place only upon application.  The patent office is, 
however, entitled to take it back  or to continue proceedings initiated in the event of an 
ex officio withdrawal of the application for annulment.  
 
(2) The applicant who is not domiciled in a country in which the decision ordering the 
applicant to reimburse the costs would be enforced shall, at his request, provide 
security for the c osts of the proceedings.  This request must be made within 14 days 
after delivery of the request, otherwise the claim to security is lost.  
(3) The amount of the security is determined by the Patent Office at its own 
discretion.  The applicant is given a dead line within which the security must be 
provided.  If the security is not provided before the deadline has expired, the 
application is deemed to be withdrawn.  
Immediate  rejection  
Section  113. (1) Applications for the withdrawal, declaration of invalidity or 
withdrawal of a patent that are apparently not based on a legal reason, as well as 
submissions that do not contain a specific request or which the applicant is not 
entitled to submit ( Section s 49 and 50), are to be rejected by the Invalidity 
Department stating the reasons without further proceedings.  
 
(2) Applications due to lack of competence of the Invalidity Department, due to a 
decided matter or due to pending disputes are also to be rejected without further 
proceedings, stating the reason s. 
(3) Such resolutions are to be regarded as final decisions.  (Federal  Law Gazette  No. 
78/1969,  Art. IZ 33) 
 
Form  and content  of the application  
Section  114. (1) The application must contain a concise description of the dispute 
and, in addition to the specific request, the description of the evidence to be 
asserted.  
 
(2) The application, including enclosures, must be submitted to the Patent Office in 
duplicate if it is directed against one patent holder only.  
(3) If the application is directed against several patent holders, in addition to the copy 
intended for the Patent Office, a copy of the application including copies of the 
enclosures must be submitted for each of the opponents.  
Side  intervention  
Section  114a.  (1) Anyone who has a legal interest in one person prevailing in 
proceedings pending before the Invalidity Department between other persons can 
join this party in the proceedings (secondary intervention).  The intervener has, even if 
the requirements of Section 20 of the Code of Civil Procedure (ZPO), RGBl.  No. 
113/1895, not available, the position of a comrade in the dispute ( Section  14 ZPO).  
 
(2) For the rest, Sections  18 to 20 ZPO apply accordingly.     
 
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Procedure  for contestation  requests  
Section  115. (1) The chairman has to appoint a technical and a legally qualified 
member as speakers.  
(2) If the application has been found to be suitable for initiating the procedure, the 
legally qualified speaker  must send a copy including copies of the enclosures to the 
respondent with the request, within a period of at least two months, the extension of 
which the speaker  must approve if there are reasonable reasons to submit his reply 
in writing in duplicate.  
(3) After delivery in accordance with Paragraph 2, Section  112 ZPO shall apply 
mutatis mutandis to lawyers and patent attorneys alike.  
(4) The provisions of Sections  168 and 169 ZPO apply accordingly.  
Interruption  due to opposition  proceedings  
Section  115a.  Pending proceedings for a patent revocation must be suspende d ex 
officio if opposition proceedings are pending or are being made pending.  The 
interrupted procedure is to be continued after final conclusion of the opposition 
procedure on request or ex officio if the patent has not been revoked.  If the patent 
has bee n revoked, the proceedings must be terminated ex officio.  
 
Preliminary  proceedings  
Section  116. (1) After reimbursement of the counter -notice or after the deadline 
granted for this has expired without result, the legally qualified speaker must, if 
necessary, initiate preliminary proceedings (paragraphs 2 and 3)  to prepare the oral 
hearing . The speakers have to maintain agreement in the preliminary proceedings.  In 
the event of differences of opinion, the chairman decides.  
 
(2) In the preliminary proceedings, the entire process material for the oral hearing 
must be prepared to such an extent that it can, if possible, be carried out without 
interruption.  In particular, if this is not evident from the written pleadings, it must be 
establi shed by hearing the parties or obtaining their statements which actual 
allegations are not disputed.  
(3) In the preliminary proceedings, evidence must also be taken, such as an 
inspection, examination of external witnesses and time -consuming investigations  by 
experts, if the taking of evidence in the oral hearing would make it considerably more 
difficult or delay it or cause disproportionately high costs or if the immediate taking of 
the evidence is necessary to preserve evidence.  
(4) The parties are to be summoned to all taking of evidence in the preliminary 
proceedings.  Your failure to do so does not prevent the taking of evidence.  
(5) Section  120 applies to the inclusion of evidence in the preliminary proceedings. 
Evidence by questioning the parties is no t permitted in the preliminary proceedings.  
(6) In the preliminary proceedings, the legally qualified consultant has all the powers 
and duties of a chairman listed in Section s 180 to 185 of the Code of Civil Procedure.  
(7) The chairman can order the amendment of the preliminary proceedings with 
regard to specific facts to be specified.     
 
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(8) After receipt of the reply or after the deadline granted for this has expired 
unsuccessfully and, if applicable, after the preliminary proceedings have been carried  
out, the referee must submit the files with a written description of the facts as well as 
all the facts and legal questions essential to the decision and an opinion on them 
(Referat) to be submitted to the chairman.  The legally qualified speaker has to sp eak 
about the legal questions and the technical speaker about the technical 
questions.  The chairman can instruct a speaker or another voting leader to complete 
the presentation.  
 
Termination  of the proceedings  without  a hearing  
Section  117. If the patent lapses during the proceedings before the Invalidity 
Division, the proceedings are to be discontinued with a resolution, unless the 
applicant insists on the implementation with a prima facie legal interest.  In the cases 
of Section  46 (1) (2) and (3), the applicant is generally entitled to reimbursement of 
costs, whereas the opponent only has the right to do so if his behavior did not give 
rise to the application and the patent expires during the period for the reimbursement 
of the counter -notice is.  The hiring decision also shows the reimbursement of costs 
(Section  122 (1)).  This decision is to be regarded as the final decision.  
 
Announcement  of the oral hearing  
Section  118. (1) The oral hearing is to be advertised by the chairman.  At the lates t 
with the announcement of the negotiation, the applicant must be sent the counter -
notice.  
 
(2) The hearing can be rescheduled for important reasons by the chairman on 
application or ex officio.  
(3) The parties or their representatives as well as the witnesses and experts to be 
heard during the hearing are to be summoned to the hearing.  
(4) The absence of the parties or their representatives does not stand in the way of 
the negotiation and decision.  
(5) If an adjournment is requested at the oral hearin g, the Senate shall decide on 
this. 
 
Oral hearing  
Section  119. (1) The oral hearing  is to be conducted and carried out in accordance 
with the applicable provisions of Section s 171 to 203 of the ZPO.  The chairman or 
members of the Senate appointed by him have to discuss the matter with the parties 
factually and legally.  
 
(2) Except in the cases mentioned in Section  172 of the Code of Civil Procedure, the 
public of the hearing can also apply to part of the proceedings or to the entire hearing  
excluded if an  important federal interest or a business or trade secret of one of the 
parties or a witness would be endangered by the public.     
 
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(3) The members of the Patent Office as well as the federal employees of the higher 
service of the Federal Ministry for Transpor t, Innovation and Technology are allowed 
access despite the exclusion of the public.  
Evidence  and taking  of evidence  
Section  120. (1) Unless otherwise stipulated by this Act, the evidence procedure 
shall be carried out in analogous application of the provisions of Section s 266 to 383 
of the Code of Civil Procedure.  
 
(2) The testimony submitted by the witnesses before the Patent Offi ce and the 
testimony given on oath by the parties before the Patent Office are equivalent to a 
court testimony.  
(3) The above principles on the evidence procedure apply to both the preliminary 
proceedings and the hearing.  
(4) The Fee Claims Act 1975 shall apply.  
(5) The administrative and willful penalties to be imposed in accordance with 
Section s 313, 326, 333 and 354 of the Code of Civil Procedure may not exceed 726 
euros.  If evidence is taken during an oral hearing, the administrative and willful 
penalties are to be imposed by the Senate and, in the preliminary proceedings, by 
the legally qualified speaker ( Section  116 (1)).  Section  84 (1) and (3) apply.  
Advice  and coordination  
Section  121. Consultation and coordination of the nullity department take place in a 
closed meeting.  Settings can be decided in writing by circular, unless a member 
objects.  
 
Litigation  costs  
Section  122. (1) Subject to Paragraph 2 and Section  117, a decision is to be made 
on the reimbursement of the costs of proceedings and representation in accordance 
with Section s 40 to 55 of the German Code of Civil Procedure (ZPO).  
 
(2) Anyone who withdraws an application must reimburse the respondent for the 
costs.  
Content  of the decision  
Section  123. The execution of the decision must contain  
 
1. the designation of the department and the names of the members who participated 
in the decision  have contributed;  
 
2. the designation of the parties, their representatives and authorized representatives 
as well as their party status;   
3. the decision;   
4. the facts of the decision, consisting of a concise presentation of the  oral 
negotiation of the resulting facts, highlighting the main motions submitted by t he 
parties;     
 
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5. the reasons for the decision;   
6. the instructions on legal remedies.  
 
Announcement  of the decision  
Section  124. (1) The announcement of the decision with the essential reasons for 
the decision must, if possible, be made orally immediately after the end of the oral 
hearing.  
 
(2) In all cases, however, the decision, including the full reasons for the decision, 
must be sent to the parties in writing as soon as possible.  
Keeping  the minutes  
Section  125. (1) A record of all evidence in the preliminary proceedings and of the 
oral hearing is to be recorded by a secretary.  In addition to the information on the 
place, time and subject of the hearing, this must contain the names of the members 
of the Senate, the secretary, the par ties, their representatives, the witnesses who 
were heard and the experts, and a summary of the content and course of the 
hearing.  The minutes are to be signed by the chairman and the secretary.  Instead of 
the involvement of a secretary, the chairman can u se a sound carrier, whereby the 
information mentioned in sentence 2 is always included in the minutes  
are to be included.  A written transfer must be made of the recording on the sound 
carrier.  These minutes are only to be signed by the chairman.  
(2) Separa te minutes are to be kept of the closed meeting ( Section  121), from which 
the result of the discussion and vote can be seen.  These minutes are to be signed by 
the chairman and the secretary.  
Legal  assistance  
Section  126. The courts and the patent office are obliged to give each other mutual 
legal assistance.  
 
Retrial  
Section  127. (1) If a patent has been fully or partially revoked, withdrawn, declared 
null and void or revoked or a request aimed at this has been rejected in whole or in 
part, the closed procedure can be resumed at the request of a party,  
 
1. if a document on which the decision is based is falsely drawn up or falsified;  
2. if a witness or an expert is guilty of a false testimony or the opponent is guilty of a 
false oath when he was questioned and the decision is based on this testimony;  
3. if the decision was obtained through a fraudulent act to be prosecuted by the 
representative of the party, its opponent or his representative;  
4. if a member who participated in the decision or in an earlier decision on which the 
decision is based is guilty of a breach of his official duty in the dispute to the 
detriment of the party, which is punishable under the criminal law;     
 
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5. if a criminal judgment on which the decision is based has been annull ed by 
another judgment that has become final.  
(2) The parties in dispute can only request resumption of proceedings within one year 
after the decision to be remedied becomes final and without prejudice to the rights of 
third parties that have now been acqu ired. 
(3) In particular, those who have since made use of the invention or who have taken 
the necessary events for this purpose acquire the authorization to which a previous 
user of the invention is entitled ( Section  23). 
(4) The instance (Technical Depart ment, Invalidity Department, Higher Regional 
Court of Vienna, Supreme Court) that made the contested decision is called to decide 
on the request for reopening.  If the request for reopening is granted by a higher 
instance, it must determine whether the reop ened proceedings are to be carried out 
in front of it or in front of a lower instance.  
(5) The request to resume the proceedings does not have an effect on the execution 
of the decision.  
Section  128. If the registration of the invalidation of a patent in the patent register by 
the Patent Office is accidentally made, the Patent Office shall, after ascertaining the 
mistake, order the deletion of this entry and make it known.  Rights of third parties that 
have meanwhile been acquired in good faith ar e preserved in such a case as in the 
case of resumption.  
 
Further  processing  of the registration  
Section  128a.  If the application has been rejected after a deadline set by the Patent 
Office has not been missed, the applicant or his legal successor can requ est further 
processing of the application.  The application must be submitted to the Patent Office 
within two months of the notification of the rejection decision.  The omitted act must 
be made up for within this period.  The application is only to be granted  if the further 
processing fee is paid.  When the application for further processing is granted, the 
rejection decision becomes invalid.  
 
Reinstatement  in the previous  state  
Section  129. (1) Anyone who was prevented by an unforeseen or unavoidable event 
from complying with a deadline, the failure of which, according to a provision relating 
to the protection of the invention, results in a legal disadvantage automatically arising 
from this provision, has the right to be restored to the pre vious status. Failure due to 
an inferior degree of oversight does not prevent reinstatement.  
 
(2) Reinstatement in the previous status does not take place due to failure to meet 
the deadline for the application for reinstatement ( Section  131, Paragraph 1), the 
deadline for appealing against the decision regarding such an application and the 
deadline for the objection ( Section  102, Paragraph 1). 1).  
(3) In the deadline for submitting a declaration of priority, for its correction or for the  
submission of the priority documents ( Section  95 Paragraphs 2 and 3), reinstatement 
in the previous status is only permissible if the application, regardless of the    
 
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requirements for the application pursuant to Section  131 applicable deadlines, no 
later th an the day before the announcement of the grant of the patent ( Section  101c 
Paragraph 2) is received by the Patent Office.  When the reinstatement is approved, 
any decision to grant ( Section  101c (1)) or rejection decision ( Section  100) that has 
already bee n issued shall cease to be in force.  
Section  130. (1) The department in which the omitted act was to be carried out 
decides on the application.  If an action was missed in a technical department, the 
legally qualified member assigned to this department deci des on the application.  
 
(2) In the sphere of activity of the Invalidity Department of the Patent Office, the 
chairman is called to make a decision.  An appeal to the Higher Regional Court of 
Vienna is admissible against this decision.  
Section  131. (1) The request for restitution is to be submitted within two months after 
the day on which the obstacle no longer exists, but in any case no later than twelve 
months after the day on which the deadline has expired.  (Federal  Law Gazette  No. 
210/1951,  Art. IZ 12) 
 
(2) The applicant must state the circumstances used to justify the application and, if 
they are not evident to the authority, make them credible.  The omitted act must be 
made up at the same time as the application.  
(3) A copy of the application and its enclosures must be submitted for every opponent 
of the applicant who may be involved in the matter.  
Section  133. (1) If the application or the subsequent action is defective, the applicant 
must be requested before the decision is made t o remedy the deficiency within a 
certain period of time.  
 
(2) If the property right is entered in a public register, the application and the manner 
in which it was dealt with must be entered in the register.  
(3) The authorization of the re-establishment is to be announced in the patent 
gazette, provided that through the approval of the re -establishment a property right, 
about the loss of which an official announcement takes place, is restored.  
Section  134. (1) Before the decision is made,  any opponent of the applicant who 
may be involved in the matter must be given the opportunity to make a statement 
within a certain period of time ( Section  131 (3)).  
 
(2) Regardless of whether the application is granted or not, the applicant shall be 
charg ed the costs incurred by the opponent in the proceedings relating to the 
application and representation in these proceedings.  
Section  135. By granting the restoration to the previous status, the legal 
consequences of missing the deadline cease to be in for ce. To implement the 
decision, the authority shall make the appropriate dispositions.  
 
Section  136. (1) If a property right has been denied, lapsed, lapsed or otherwise 
ceased to be in force and if it is restored through the authorization of reinstatement,    
 
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its effect does not apply to the person who was in Austria  after the expiry of the 
property right a nd before the date of the official Announcement of the authorization 
for reinstatement ( Section  133 (3)) or, in the case of Section  133 (2), no later than the 
day the application is entered in the register, in all other cases no later than the day 
the appl ication is received by the competent authority Has taken use or has taken the 
necessary events for such use (interim users).  The latter is authorized to use the item 
for the needs of his own company in his own or third -party workshops.  This 
authorization c an only be inherited or sold together with the company.  In addition, the 
rules governing previous users apply.  
 
(2) If, with regard to the restored property right, there is a license agreement 
concluded during its previous existence and the rights of the licensee is impaired by 
an intermediate user (paragraph 1), the licensee can demand a reduction in the 
stipulated fee appropriate to the circumstances of the case or, if for because of this 
impairment he is no longer interested in further performance o f the contract, dissolve 
the contract.  (Federal  Law Gazette  No. 78/1969,  Art. IZ 42) 
 
Enforcement  
Section  137. (1) Legally binding pronouncements of the patent office are 
enforcement titles within the meaning of Section  1 of the enforcement order (EO), 
RGBl.  No. 79/1896.  
 
(2) The Patent Office must ex officio carry out the entries and deletions in the 
registers to  be kept by it that are necessary for the implementation of its legally 
binding decisions and those of the appellate authorities.  In the case of collegial 
decisions, the chairman has to make the necessary decisions.  
IV. THE HIGHER  REGIONAL  COURT  VIENNA  AND  THE HIGHEST  COURT  AS 
APPEALING  INSTITUTIONS  
 
A. Appeal  against  the decisions  of the Technical  Department  and the Legal  
Department  of the Patent  Office  
Appeal  
Section  138. (1) The resolutions of the technical department and the legal 
department c an be appealed to the Higher Regional Court of Vienna.  
 
(2) No legal remedy is admissible against the rulings of the speaker preparing a 
resolution of the technical department or legal department.  
Proceedings  
Section  139. The provisions of the Extraordinary Disputes Act, Federal Law Gazette 
I No. 111/2003 apply to the appeal procedure, with the exception of Section s 44, 49 
Extracting Act and the following special features:  
 
1. References in the AussStrG  to the court of first instance apply as references to the 
technical department or legal department.  
2. The appeal period and the period for responding to the appeal are two 
months;  they are not renewable.     
 
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3. New facts or evidence may only be presented to support or refute the facts and 
evidence presented in good time in the first instance.  
4. If an appeal submitted in good time shows deficiencies, the responsible member 
must set the appellant a deadline for improvement.  Appeals submitted belatedly or 
appea ls that are not corrected within the specified period must be rejected by the 
department in the composition in which the contested decision was issued.  Appeals 
against resolutions of the authorized employee are to be rejected by the responsible 
member.  
5. Resolutions in accordance with Section  50 of the Foreign Trade Act are to be 
adopted by the department in the composition in which the contested resolution was 
adopted.  If the decision has been made by the authorized employee, the responsible 
member has to  make a decision.  
6. Section  51 (1) AusStrG is to be applied with the proviso that the files relating to the 
matter are to be submitted with an explanatory report, if necessary.  
7. The parties have to bear the costs of the proceedings themselves.   
8. Appea l decisions of the appeals court are to be served by the appeals court.  
Revision  appeal  
Section  140. (1) A revision appeal is permissible in accordance with Section  62 of 
the Foreign Trade and Payments Act against a decision of the appeals court issued 
in the course of the appeal proceedings.  
 
(2) The provisions of the AussStrG apply mutatis mutandis to the revision appeals 
procedure with the following special featur es: 
1. The revision appeal period and the deadline for responding to an appeal appeal 
are two months;  they are not renewable.  
2. The revision appeal and, if applicable, the application for admission are to be 
submitted to the appeals court;  the rejection according to Section  67 AusStrG takes 
place by the appeals court.  Except in the case of Section  68 Para. 4 Z 2 AusStrG, the 
revision appeal response must also be submitted to the appeals court.  
3. The parties have to bear the costs of the proceedings themselves.  
B. Appeal  against  the resolutions  and decisions  of the Invalidity  Department  of 
the Patent  Office  
Appeal  
Section  141. (1) The final decisions of the Invalidity Department of the Patent Office 
can be appealed to the Higher Regional Court of Vienna.  
(2) The provisions of the ZPO apply mutatis mutandis to the appeal procedure, with 
the exception of Section  461 (2) ZPO and the following special features:  
1. References in the ZPO to the court of first instance apply as references to the 
nullity division.     
 
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2. The deadline for appeal and the deadline for responding to the appeal are two 
months;  they are not rene wable.  
3. If an appeal submitted in good time shows deficiencies, the legally qualified officer 
of the nullity department must set the appeal applicant a deadline for improvement.  If 
the deficiencies are corrected within the deadline, the appeal is deemed to have 
been submitted in good time.  
4. Appeal decisions of the court of appeal are to be served by the court of appeal.  
Appeal  
Section  142. (1) No legal remedy is permitted against a preparatory order by the 
speaker.  Subject to Paragraph 2, there is no se parate legal remedy against the 
resolutions of the Invalidity Division made in the course of the preliminary 
proceedings or the hearing; they can only be challenged with an appeal, provided 
that they had an influence on the final decision.  
(2) An appeal to  the Higher Regional Court of Vienna is admissible against 
interruption resolutions, resolutions rejecting an appeal, resolutions pursuant to 
Section  130 (2) and resolutions on claims under the Fees Claims Act.  Resolutions of 
the appellate court can be app ealed to the Supreme Court in accordance with 
Section  519 ZPO.  
(3) The provisions of the ZPO apply mutatis mutandis to the appeal procedure with 
the following special features:  
1. References in the ZPO to the court of first instance apply as references to the 
nullity division.  
2. Appeals in accordance with Paragraph 2, first sentence, are to be submitted to the 
Invalidity Department, appeals in accordance with Paragraph 2, second sentence, 
are to be submitted to the Court of Appeal.  
3. If an appeal submitte d in good time according to Paragraph 2, first sentence, 
shows deficiencies, the legally qualified speaker of the nullity department or the 
chairperson, if he is alone in the decision -making process, must set the appellant a 
deadline for improvement.  If the deficiencies are corrected within the deadline, the 
appeal is deemed to have been filed on time.  
4. Appeal decisions of the appeals court are to be served by the appeals court.  
Revision  and revision  appeal  
Section  143. (1) An appeal against judgments of the appellate court is permissible in 
accordance with Section  502 ZPO;  
 
(2) The provisions of the ZPO apply to the revision procedure with the following 
special features:  
1. The revision deadline and the deadline for the  revision response are two 
months;  they are not renewable.     
 
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2. The appeal is to be submitted to the court of appeal.  The references to the trial 
court of first instance are deemed to be references to the court of appeal, with the 
exception of those relating  to the remittal to the first instance.  Except in the case of 
Section  507a, Paragraph 3, Item 2 of the Code of Civil Procedure, the revision 
response must also be submitted to the appellate court.  
(3) The provisions of the ZPO apply mutatis mutandis to the revision appeal 
procedure, with the proviso that the revision appeal must be submitted to the appeals 
court.  
C. Common  Provisions  
Legal  aid 
Section  144. Legal aid for an appeal procedure according to this main part is to be 
applied for at the patent office.  The Invalidity Division has to decide on the application 
for approval of legal aid through a resolution by one of the chairmen.  Section  7 (2) 
Foreign Trade Act, Section s 63, 64, 66 to 73  ZPO and Section  45 RAO, RGBl.  No. 
96/1868, are to be applied with the proviso that references to the court count as 
references to the Invalidity Division.  Instead of the appointment of a lawyer, the 
appointment of a patent attorney for the appeal proceedings before the Higher 
Regional Court of Vienna can also be granted.  Appeals against the decision can be 
filed within two weeks.  
 
Delivery,  representation,  entry  into the proceedings,  inspection  of files 
Section  145. (1) The delivery of documents by the Patent Office in appeal 
proceedings under this main part takes place in accordance with Section s 85 and 86.  
 
(2) Patent attorneys and notaries are also authorized to represent in proceedings 
before the Vienna Higher Re gional Court.  Appeal to the power of attorney replaces 
its documentary evidence.  
(3) In multi -party proceedings, the acquirer of a right in dispute can also enter the 
proceedings without the consent of the opponent.  
(4) Section s 81 and 81a shall apply muta tis mutandis to the inspection of files in 
appeal proceedings under this main part.  
Composition  of the Senate  
Section  146. (1) Section  8 (2) JN is to be applied with the proviso that the position of 
lay judge is carried out either by professional lay judges from the trade or by other 
persons with special expertise, in particular members of the patent office, who are 
appointed by the Fede ral Minister of Justice Proposal by the Federal Minister for 
Transport, Innovation and Technology, each appointed for a five -year term, can be 
exercised.  If members of the patent office or other federal employees are appointed 
as lay judges, they perform t he activity as professional lay judges as an official task 
and are independent in the exercise of their office and are not bound by any 
instructions.  Section s 19 to 25 JN are to be applied accordingly.  
 
(2) In the case of appeals against a decision based o n a decision by the Technical 
Department or the Invalidity Department, the Supreme Court shall decide in a senate 
which, in addition to three judges, includes two lay judges according to Paragraph 1.     
 
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(3) In proceedings on the granting or revocation of lice nses in accordance with 
Section  36 Paragraphs 2 and 3, Paragraphs 1 and 2 are to be applied with the 
proviso that the Senate must include a member who has been appointed by the 
Federal Minister of Justice on the proposal of the Federal Minister of Land and  
forestry, environment and water management has been appointed.  
(4) Unless otherwise stipulated, the provisions applicable to professional lay judges 
from the state of the art shall apply mutatis mutandis.  The chairman has to appoint a 
member of the Senate as speaker.  
V. PATENT  INFRINGEMENT  AND  DISCLOSURE  
Injunctive  relief  
Section  147. A person who has been infringed or has to worry about an infringement 
of one of the powers conferred on him by a patent may sue for an injunction.  
 
Elimination  claim  
Section  148. (1) The infringer is obliged to remedy the situation that conflicts with the 
law. 
 
(2) The injured party can in particular demand that the infringing objects (intervening 
objects) be destroyed at the infringer's expense and that the tools, devices and other 
aids (intervening devices) used exclusively or preferably for the production of patent 
infringing objects are made unusable for this purpose, unless this is done the real 
rights of third parties are interfered with. 
(3) If the objects or means of intervention referred to in Paragraph 2 contain parts 
whose unchanged existence and their use by the defendant do not violate the 
plaintiff's right of exclusion, the court must designate these parts in the judgment 
pronouncing the destruction or rendering useless.  In the event of enforcement, these 
parts are, as far as possible, to be excluded from destruction or rendering unusable if 
the person obliged pays the associated costs in advance.  
(4) If it becomes apparent in the execution proceedings that the rendering of 
intervention means unusable would require greater costs than their destruction, and 
these are not made in advance by the obligated party  paid, the execution court must, 
after hearing the parties, order the destruction of these means of intervention.  
(5) If the illegal condition can be eliminated in a way other than that described in 
Paragraph 2, with no or less destruction of value, the injured party can only request 
measures of this type.  
(6) Inst ead of destroying the objects of intervention or rendering the means of 
intervention unusable, the injured party can demand that the objects or means of 
intervention be provided by their owner in return for appropriate compensation not 
exceeding the produc tion costs.  
(7) If necessary, the execution for removal is to call in an expert for the description of 
the objects to be subjected to the execution.  
Publication  of judgment     
 
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Section  149. (1) If an action is taken for omission or elimination, the court shall  grant 
the successful party, if the party has a legitimate interest in this, the authority upon 
application to grant the judgment within a period to be determined in accordance with 
Section  409 (2) of the German Code of Civil Procedure Publish the opponent 's 
costs.  The scope and type of publication are to be determined in the judgment.  
 
(2) The publication includes the verdict.  At the request of the prevailing party, 
however, the court can determine a content of the publication that differs from the 
judgment in terms of scope or wording or that supplements it.  This application must 
be submitted no later than four weeks after the judgment has become final.  If the 
application has only been made after the conclusion of the oral dispute, the court of 
first instance must decide on this after the judgment has become final.  
(3) The trial court of first instance shall, upon application by the prevailing party, fix 
the costs of the publication of the judgment and charge the opponent to reimburse 
them.  
Claims  in money  
Section  150. (1) The person injured by the unauthorized use of a patent is entitled to 
appropriate remuneration from the infringer.  
 
(2) In the case of culpable patent infringement, the infringed party may demand the 
following instead of the appropriate remuneration (para. 1)  
a) compensation for damages including lost profits or  
b) surrender of the profit that the infringer has achieved through the patent 
infringement.  
(3) Irrespective of proof of damage, the injured party can request double the fee due 
to him under Paragraph 1, provided that the patent infringement is based on gross 
negligence or willful misconduct.  
(4) The injured party is also entitled to appropriate compensation for the 
disadvantages that do not exist in any financial loss  and that they suffered as a result 
of the culpable patent infringement, insofar as this is justified in the particular 
circumstances of the case.  
Accounting  
Section  151. The infringer is obliged to submit accounts to the injured party and to 
have their accuracy checked by an expert.  If this results in a higher amount than the 
invoice, the costs of the examination are to be borne by the infringer.  
 
Information  about  origin  and distribution  channel  
Section  151a.  (1) Anyone who has been infringed in one of the powers to which they 
are entitled under a patent can request information about the origin and distribution 
channels of the infringing goods and services, provided that this would not be 
disproportionate to the gravity of the infring ement and would not violate statutory 
confidentiality obligations;  The infringer and the persons who work commercially are 
obliged to provide the information  
    
 
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1. have had infringing goods in their possession,  
2. have used infringing services, or  
3. have provided services used for infringing rights.  
(2) The obligation to provide information in accordance with Paragraph 1 includes, if 
appropriate,  
1. the names and addresses of the manufacturers, distributors, su ppliers and other 
previous owners of the goods or services as well as the commercial customers and 
sales outlets for which they were intended,  
2. the quantities of goods manufactured, delivered, received or ordered and the 
prices paid for the goods or serv ices. 
Provisional  injunctions  
Section  151b.  (1) With reference to claims for omission, removal, reasonable 
remuneration, compensation for damages and surrender of the profit under this Act, 
temporary injunctions can be issued both to secure the claim itsel f and to secure 
evidence.  
 
(2) In order to secure claims for appropriate remuneration, compensation for 
damages and the surrender of profits, temporary injunctions can be issued in the 
event of commercial infringements if it is probable that the fulfillment of these claims 
will be jeopardized.  
(3) In order to secure injunctive relief and claims for removal, temporary injunctions 
can be issued, even if the conditions specified in Section  381 of the enforcement 
order do not apply.  
(4) Interim injunc tions pursuant to Paragraph 1 are to be issued at the request of the 
endangered party without hearing the opponent if the delay would probably result in 
irreparable damage to the endangered party or if there is a risk that evidence will be 
destroyed.  
Entre preneur  liability  
Section  152. (1) The owner of a company can be sued for injunctive relief ( Section  
147) if a patent infringement in the operation of his company has been committed or 
is threatened by an employee or agent.  He is obliged to eliminate ( Section 148) if he 
is the owner of the objects or means of intervention.  
 
(2) If the patent infringement giving rise to a claim to adequate remuneration is 
committed by an employee or agent in the company, the obligation to pay the 
remuneration ( Section  150 (1)), to issue invoices ( Section  151) and to provide 
information ( Section  151a) only the owner of the company, unless he was neither 
aware of the patent infringement nor obtained an advantage from it.  
(3) If a patent infringement is committed in the o peration of a company by an 
employee or agent, the owner of the company shall be liable in accordance with    
 
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Section  150 Paragraphs 2 to 4, irrespective of the liability of these persons, if he was 
or should have known about the patent infringement.  
Multiple  liability  
Section  153. To the extent that the same monetary claim ( Section  150) exists 
against several people, they are jointly and severally liable.  
 
Statute  of limitations  
Section  154. Section  1489 ABGB applies to all claims in money ( Section  150), the 
right to invoicing ( Section  151) and the right to information ( Section  151a).  The 
statute of limitations for all of these claims is also interrupted by an action for 
invoicing or a request for a declaration ( Section  163).  
 
Process  patents  
Section  155. In the case of a patent for a process for the manufacture of a new 
product, unless the contrary is proven, any product of the same quality is deemed to 
have been manufactured according to the patented process.  
 
Preliminary  questions  
Section  156. (1) The validity or effectiveness of a patent on which the infringement 
action is based can, subject to paragraph 3, be independently assessed by the court 
as a preliminary question.  
 
(2) The court of first instance shall provide the Patent Office with a copy of each 
judgment in which the validity or effectiveness of a patent has been assessed, with 
confirmation of the legal force for connection to the grant files.  Such a judgment 
should be noted in the  patent register.  
(3) If a judgment depends on whether the patent is null and void ( Section  48), the 
court must first examine this question independently.  At the request of the court, the 
patent office will issue a written opinion as to whether  on the basis of the documents 
submitted in the legal proceedings, it is probable that the patent will be invalidated.  If 
the court considers the nullity of the patent to be probable due to the evidence 
proceedings, it must interrupt the proceedings.  If the defend ant does not prove within 
one month of the delivery of the interruption decision that he has filed an application 
for nullity with the patent office, that nullity proceedings are already pending between 
the parties or that he has joined such proceedings as  an intervener, the court has the 
proceedings on request of the plaintiff to continue.  In this case, the court has to rule 
regardless of the nullity objection.  
(4) If proceedings relating to an infringement suit pursuant to Paragraph 3 have been 
interrupte d, the defendant may, instead of providing evidence that he has submitted 
an application for nullity, that nullification proceedings are already pending between 
the parties in dispute or that he has joined such proceedings as an intervener, 
provide evidenc e that he has opposed the patent.  
(5) If the court proceedings have been interrupted because of proceedings pending 
at the patent office, the court shall, after the decision on the preliminary question has 
become final, continue the proceedings at the requ est of a party and base it on the 
preliminary decision.     
 
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(6) If the validity or effectiveness of a patent has been assessed differently by the 
patent office or the appellate authorities than by the court in the infringement dispute, 
a reopening action ( Section 530 (1) ZPO) can be based on this;  Section  532 (2) ZPO 
shall apply mutatis mutandis to the jurisdiction and Section  544 (1) ZPO for the 
interruption of the appeal proceedings;  the period of action ( Section  534 (1) ZPO) is 
to be calculated from the day on which the decision on the validity or effectiveness of 
the patent has become final.  
Handling  of prejudicial  proceedings  
Section  157. (1) If an interruption resolution ( Section  156) is submitted in a 
nullification procedure, the following special features apply to the procedure from the 
date of submission:  
 
1. The procedure is to be dealt with in an expedited manner.  2. The person who 
submits the interruption resolution is immed iately available from the receiving office  
To confirm in half -letter that he has pending proceedings before the Invalidity 
Department, has joined pending proceedings as a secondary intervener or has 
submitted an interruption resolution for pending proceedi ngs. 
3. The counter -notice ( Section  115 (2)) must be submitted within the non -extendable 
period of one month.  
4. Evidence of allegations that have not been submitted to the patent office at least 
two weeks before the oral hearing and communicated to the op ponent may only be 
included if the opponent does not object.  
5. The deadlines for the appeal, the response to the appeal, the revision and the 
response to the appeal are one month and cannot be extended.  
(2) If an interruption resolution ( Section  156) is p resented in an objection procedure, 
Paragraph 1 shall apply mutatis mutandis.  
Temporary  protection  
Section  158. If a claim pursuant to Section  101 (5) is asserted in court prior to the 
announcement of the grant of the patent ( Section  101c (2)) and the judgment 
depends on whether this claim is justified, the court can continue the proceedings up 
to Interrupt the announcement of the grant.  The interrupted procedure is to be 
continued after the announcement of the grant on application or  ex officio.  
 
Criminal  patent  infringement  
Section  159. (1) Anyone who infringes a patent is to be punished by the court with a 
fine of up to 360 daily rates.  Anyone who commits the act on a commercial basis is 
punished with a prison sentence of up to two years.  
 
(2) The owner or head of a company who does not prevent a patent infringement 
committed by an employee or agent in the company’s operation shall also be 
punished.  
(3) If the owner of the company according to Paragraph 2 is a company, a 
cooperative, an association or another legal entity not belonging to the physical    
 
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persons, Paragraph 2 shall apply to the organs if they are guilty of such an omission 
to have.  
(4) Pa ragraph 1 does not apply to employees or agents who have carried out the act 
on behalf of their employer or client, provided that they could not be expected to 
refuse to carry out these acts due to their economic dependency.  
(5) The persecution only takes place at the request of the injured party.  
Private  law claims  
Section  160. For the assertion of claims under Section  150, the provisions of the 
17th main part of the Code of Criminal Procedure 1975 (StPO), Federal Law Gazette 
No. 631/1975 apply.  Both parti es are entitled to appeal against the claim about the 
compensation claim.  
 
Peculiarities  of law enforcement  
Section  161. Section  119 (2) and Section s 148, 149 and 157 apply mutatis mutandis 
to criminal proceedings.  Section  156 is also to be applied mutatis mutandis, but with 
the proviso that the monthly period of Section  156 (3) begins with the delivery of a 
request from the criminal court to the accused to certify that he has filed an 
application for nullity with the paten t office, that a declaration of nullity has been 
initiated it is already pending between the parties that he has joined such 
proceedings as a secondary intervener or has lodged an objection.  If the accused 
does not submit the application for invalidity or the opposition in good time, the court 
must, if it considers the invalidity of the patent probable, to file the application for 
invalidity or the opposition ex officio.  Parties in this proceeding are the filing court,  the 
private prosecutor and the accused . The costs incurred in these proceedings are 
costs of the criminal proceedings.  
 
Jurisdiction  
Section  162. (1) The Commercial Court of Vienna is exclusively responsible for 
lawsuits and interim injunctions under this Federal Act.  Regardless of the amount in 
dispute, the Senate ( Section  7 (2) first sentence JN) has to decide.  This also applies 
to injunctions.  Section  146 (1) applies to the composition of the Senate in the first 
and second instance, and Section  146 (2) applies to the third instance.  
 
(2) Jurisdiction in criminal matters in accordance with this federal act is vested in the 
Regional Court for Criminal Matters Vienna.  
Requests  for declarations  
Section  163. (1) Anyone who manufactures an object commercially, puts it on the 
market, holds for sale or uses it, applies a process in an operational manner or 
intends to take such measures, can apply to the patent office against the holder of a 
patent or the exclusive licensee for a declaration that the object or the Procedure is 
not covere d in whole or in part by the patent.  
 
(2) The holder of a patent or the exclusive licensee may apply to the Patent Office for 
a declaration that the object or the process is against someone who manufactures, 
markets, sells or uses an object, uses a process  or intends to take such measures 
falls under the patent in whole or in part.     
 
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(3) Requests pursuant to Paragraphs 1 and 2 shall be rejected if the respondent 
proves that an infringement action brought before the court between the same parties 
and relating to the same subject matter or the same proceedings is pending between 
the same parties.  
(4) The application for a declaration can only relate to a patent including its additional 
patents.  The application must be accompanied by a precise and clear descripti on of 
the subject or process and, if necessary, drawings in four copies.  A copy of this 
description, possibly including drawings, is to be attached to the final decision.  
(5) When assessing the scope of protection of the patent that is the subject of the 
determination procedure, the Patent Office shall take into account the content of the 
grant files and the state of the art proven by the parties.  
(6) The costs of the proceedings are to be borne by the applicant if the opponent has 
not given cause for filin g the application through his conduct and has recognized the 
claim within the deadline set for him for the counter -written notice.  
(7) In addition, the provisions of the contestation procedure apply to the 
determination procedure.  
Obligation  to provide  information  about  patent  protection  
Section  165. Anyone who designates objects in a way that is suitable to create the 
impression that they enjoy patent protection must, on request, provide information 
about the protective right on which the design ation is based.  
(Federal  Law Gazette  No. 78/1969,  Art. IZ 51) 
 
VI. BIOPATENT  MONITORING  COMMITTEE  
Section  166. (1) The Biopatent  Monitoring Committee observes and evaluates the 
effects of the implementation of Directive 98/44 / EC of the European Parliament and 
of the Council of 6 July 1998 on the legal protection of biotechnological inventions, 
OJ No. L 213 of 30 July 1998, p.13, in Austrian law with regard to relevant national 
patents and utility models granted with protective effect for the Republic of Austria.  
 
(2) The Biopatent Monitoring Committee has, in particular, the tasks arising from the 
resolution of the National Counci l of April 16, 1998, 107 / E (XX.GP):  
1. Review of the effects of the Austrian legal provisions enacted in implementation of 
the directive on human rights, animals, plants and ecological systems as well as on 
consumer protection, agriculture and developing  countries;  
2. Review of the national issuing and awarding practice, in particular with regard to 
Section  1 Paragraph 3 Nos. 2 and 3, Section  2 Paragraph 2 Clause 1 as well as 
Section s 36 and 37;  
3. Verification of whether the Austrian legal provisions enacted in the implementation 
of the directive meet the following principles:  
a) no patent protection for human cloning and human germline modification 
techniques ;     
 
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b) no patent protection for proce sses in which human embryos are used and for  
Embryos themselves;   
c) no further restriction of the "animal welfare clause" in accordance with Article 6 (2) 
(d) of the Directive;   
d) Granting of the cattle breeder and farmer's privilege in accordance with A rticle 11 
of the Directive;   
e) Compliance with the obligations from the Convention on Biological Diversity, BGBl.  
No. 213/1995.  
4. Observation of the research and economic policy consequences, especially on 
small and medium -sized companies.  
(3) The Federal Minister for Transport, Innovation and Technology must submit a 
report on the observations and assessments of the Biopatent Monitoring Committee 
to the National Council every three years.  The first report must be submitted by June 
30, 2012 at the latest.  
Section  167. (1) The Biopatent Monitoring Committee consists of the following 
members:  
 
1. a representative of the Federal Chancellery;   
 
2. a representative of the Federal Minister of Health;   
 
3. a representative of the Federal Minister for Agriculture, Forestry, Environment and 
Water Management;   
 
4. a representative of the Federal Minister for Transport, Innovation and Technology;  
 
5. a representative of the Federal Minister for Economy, Family and Youth;   
 
6. a representative of the Federal Minister for Science and Research;   
 
7. a representative of the bioethics committee;   
 
8. a representative of the Austrian Chamber of Commerce;   
 
9. a representative of the Austrian Chamber of Agriculture;  
 
10. a representativ e of the Austrian Federation of Trade Unions;  
 
11. a representative of the Austrian Chamber of Patent Attorneys;   
 
12. a representative of the Austrian Bar Association;   
 
13. a representative of the Association of Austrian Industry;   
    
 
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14. a representative of the Austrian Association for the Protection of Industrial 
Property and Copyright;   
 
15. a representative of the ring of industrial patent engineers in Austria;   
 
16. a representative of the Association for Consumer Information;  
 
17. a representative of the Umweltbundesamt GmbH;   
 
18. a representative of the Ökobüro - coordination office of Austrian environmental 
organizations.  
 
(2) The committee should be open to dialogue with interested citizens.  
(3) The chairman of the Biopatent Monitoring Committee and a possible deputy are 
elected by the members of the committee.  The committee has a quorum if at least 
half of its members are present.  Resolutions are passed with a simple majority; in the 
event of  a tie, the chairman has the casting vote.  
 (4) The committee has to give itself rules of procedure and can also form working 
groups.  In the fulfillment of its tasks, the committee is entitled to call in experts and 
other informants and to award contracts to them.  
(5) The chairman of the committee is responsible for representing the committee 
externally.  The work of the members of the committee is an unpaid honorary position.  
(6) The office set up at the Patent Office supports the committee, its chairman an d 
any working groups that may have been set up in fulfilling their tasks.  The office has 
to prepare an estimate and a statement of accounts for each calendar year.  
VII. TRANSITIONAL  AND  FINAL  PROVISIONS  
Transitional  provisions  
Section  173. (1) For patents and patent applications whose filing date is before 
January 1, 1994, Section  2 (2) for the assessment of patentability, Section  3 for the 
assessment of novelty, Section  48 (1) 2 and as a reason for objection, Section  102 
(2) no.2 shall con tinue to apply in the version applicable before the Federal Law 
Gazette No. 634/1994 came into force.  
 
(2) Article VI of Patent Law Amendment 1984, Federal Law Gazette No. 234/1984, 
shall continue to apply for the duration and expiry of patents based on pa tent 
applications filed before December 1, 1984, although the duration of these patents is 
at least 20 Years from the filing date.  Section s 24, 25 and 173 no.3 in the version 
valid before January 1, 1996 continue to apply to rights that were exercised by t he 
army or monopoly administration on the basis of Sections  24 and 25 before January 
1st, 1996 apply.  
(3) Subject to Paragraph 1, for patents and patent applications whose filing date is 
before the Federal Law Gazette I No. 81/2007 came into force, Section  3 Paragraph 
2 Item 4 in the version applicable before the Federal Law came into force continue to 
apply.  Section  3 (3), second sentence, applies to all patent applications pending    
 
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when the Federal Law Gazette I No. 81/2007 comes into force, insofar as a d ecision 
on the granting of the patent has not yet been made.  
Section  174. (1) For patents and patent applications for which the decision to publish 
is made before the Federal Law Gazette I No. 149/2004 comes into force, Section  4 
(3), Section  5 (1), Section  20 (3), Section  28 (2), Section s 31, 32, 45 (1), Section  52 
(1), Sectio n 57 (1), Section  60 (3) lit. a to c, Section  62 (3) and (4), Section  80 
Paragraph 1, Section  81 Paragraph 2 and 3, Section  91 Paragraph 3, Section s 92a, 
92b, 101, 102, 103 to 109, 111, 127 Paragraph 1 and 4, Section s 128, 129 
Paragraph 3, Section  156 (4) and (5), Section s 157, 158 and 171 (1), (3) and (5) 
continue to apply in the version applicable before the aforementioned federal law 
came into force.  
 
(2) For patents and patent applications pursuant to Paragraph 1, Section  81a in the 
version of the Federal Law, Federal Law Gazette I No. 149/2004 shall apply, with the 
proviso that the publication of the application shall replace the publication of the 
application.  
(3) For patent applications that are deemed to be withdrawn on the day that the 
Federal Law, Federal Law Gazette I No. 149/2004 comes into force, but for which the 
four-month deadline pursuant to Section  99 (5) in the period before the 
aforement ioned Federal Law came into force valid version has not yet expired, the 
legal consequence that the application is considered withdrawn ceases to apply if the 
requirements stipulated in Section  99 (5) in the version applicable before the 
aforementioned fed eral law came into force are met.  
(4) For patent applications, with regard to the period of two weeks after the delivery of 
the negative decision before the day on which the above came into force, provided 
for in Section  99 (4) in the version applicable before the Federal Law Gazette I No.  
149/2004 came into force Federal law has not yet expired, the statement can be 
made up until the deadline has expired.  
(5) Patent applications for which the announcement resolution is not made before the 
Federal Law Gazette I No. 149/2004 comes into force  must be continued in 
accordance with the procedural provisions applicable after the aforementioned 
Federal Law came into force.  The legal consequence of Section  99 (5) in the version 
applicable before the aforementioned federal law came into force does no t apply if 
the deadline for responding to the preliminary decision has not yet expired on the day 
the aforementioned federal law came into force.  These patent applications are to be 
published even after this period has expired if publication can no longer be made 
within the period specified in Section  101 (1) in the version of the federal law 
mentioned.  
(6) For the patent applications mentioned in Paragraph 5, if the deadline stipulated in 
Section  87a Paragraph 3 Item 1 in the version of the Federal Law Gaz ette I No. 
149/2004 on the day of entry into force of  mentioned federal law has already expired, 
the subsequent submission of the information mentioned in Section  87a para. 2 no. 3 
takes place until the completion of the technical preparatory work for the publication.     
 
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(7) For the patent applications mentioned in Paragraph 5, with regard to which a 
deadline was set for separate registration in accordance with Section  92a 
Paragraphs 1, 2, 3 or 4 in the version applicable before the Federal Law Gazette I 
No. 1 49/2004 came into force , this deadline is deemed not to have been set and the 
separate registration can still be submitted up to the expiry of the deadlines set out in 
Section  92a in the version of the aforementioned federal law.  
(8) Section  92b last sent ence in the version of the Federal Law, Federal Law Gazette 
I No. 149/2004, does not apply to applications for conversion that are submitted 
before the aforementioned Federal Law comes into force.  
Section  175. (1) Section  49 (5) to (7) in the version applicable before the federal law 
came into force shall continue to apply to requests for withdrawal submitted before 
the Federal Law, Federal Law Gazette I No. 149/2004 came into force.  
 
(2) Section s 145a and 145b in the vers ion of the Federal Law, Federal Law Gazette I 
No. 149/2004, shall apply if the decision of the Complaints Department is taken after 
the day before the aforementioned Federal Law came into force.  
(3) Section  150, Paragraph 3, Section  156, Paragraphs 3 to 5 and Section  161 in the 
version applicable before the aforementioned Federal Law came into force shall 
continue to apply to actions brought before the Federal Law, Federal Law Gazette I 
No. 149/2004.  
(4) A written power of attorney in accordance with Section  21 (1) in the version of the 
Federal Law, Federal Law Gazette I No. 149/2004, can only be used as a power of 
attorney if it is presented to the Patent Office after the aforementioned Federal Law 
has come into force.  
Section  176. (1) For patent applications filed before the Federal Law Gazette I No. 
149/2004 came into force, Section  94 (2) in the version applicable before the Federal 
Law came into force shall continue to apply.  
 
(2) For applications that are submitted before the Federal Law, Federal Law Gazette I 
No. 149/2004 comes into force, Section  95 Paragraph 2, Section  132 Paragraph 1, 3 
and 4, Section  168 Paragraph 1, 2 and 3 are the first, fourth and fifth sentences in 
the version applicable before the entry into force of the aforementioned federal law 
shall continue to apply.  
(3) For annual fees, the due date of which is before the Federal Law Gazett e I No. 
149/2004 comes into force, Section  166 Paragraphs 2 to 10 in the version applicable 
before the Federal Law came into force shall continue to apply.  This also applies to 
annual fees, the due date of which is after the entry into force of the aforeme ntioned 
federal law, but which are duly paid before the aforementioned federal law comes 
into force.  
Section  176a.  (1) Until the entry into force of Section  101 in the version of the 
Federal Law, Federal Law Gazette I No. 149/2004 (patent law and amendment  to 
fees 2004)     
 
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1. to apply Section  81a in the version of the Federal Act, Federal Law Gazette I No. 
42/2005 (Biotechnology Directive - Implementation Amendment) with the proviso that 
the publication takes the place of publication,  
2. Section  87a (3) no. 1 in the version of the Federal Act, Federal Law Gazette I No. 
42/2005 (Biotechnology Directive - Implementation Amendment) to be applied with 
the proviso that the information specified in Section  87a (2) no. 3 can be submitted 
up to Version of the announcem ent decision can be made,  
3. Section  87a, Paragraph 3, Item 2 as amended by Federal Law Gazette I No. 
42/2005 (Biotechnology Directive - Implementation Amendment) does not apply.  
(2) Until the entry into force of Section  48 in the version of the Federal La w, Federal 
Law Gazette I No. 42/2005 (Biotechnology Directive - Implementation Amendment), 
Section  48 in the version applicable before the aforementioned law came into force is 
to be used with the proviso that in place of the term “microorganism” is follow ed by 
the term “biological material”.  
Section  176b.  (1) The responsibility to continue the proceedings pending at the end 
of December 31, 2013 goes with respect to those  
 
1. the appeals department and the Supreme Patent and Trademark Senate as a 
second instance to the Higher Regional Court of Vienna and  
2. of the Supreme Patent and Trademark Senate as a third instance to the Supreme 
Court, whereby the requirements of Section  62 Non-Contentious Proceedings Act do 
not apply.  
 (2) If a decision of the technical department or the legal department against which a 
complaint is permissible was taken before the end of December 31, 2013 and a 
complaint against this decision was not made by the end of that day, the decision can 
be made within a n appeal will be filed after the open deadline.  A complaint against 
such a decision by the end of December 31, 2013 is deemed to be an appeal filed in 
good time.  
(3) If a decision of the Invalidity Department, against which an appeal is permissible, 
was ta ken before the end of December 31, 2013 and if this decision was not 
appealed by the end of that day, the decision can be withdrawn within two months 
the delivery of which an appeal or appeal is raised.  An appeal against such a 
decision by the end of Decem ber 31, 2013 is deemed to be an appeal filed in good 
time or an appeal filed in good time if the legal remedy permitted after December 31, 
2013 is the appeal.  
(4) Section  482 of the Austrian  Code of Civil Procedure (ZPO) does not apply to 
appeals against decisions of the Invalidity Department that are submitted before the 
end of December 31, 2013.  
(5) If a decision of the Appeal Department against which an appeal to the Supreme 
Patent and Tra demark Senate is admissible was taken before the end of December 
31, 2013 and an appeal against this decision was not made by the end of that day, 
the Decision to be made within the open deadline for revision appeal ( Section  140,    
 
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Paragraph 2).  The revision  appeal is permissible without the requirements of Section  
62 AusStrG and must be submitted to the Higher Regional Court of Vienna.  A 
complaint against a decision of the Appeal Department filed by the end of December 
31, 2013 is deemed to be a timely appea l. 
(6) A complaint in accordance with Art. 144 Para. 1 BVG can be lodged with the 
Constitutional Court against decisions of the Supreme Patent and Trademark Senate, 
which were taken before the end of December 31, 2013.  In the proceedings before 
the Constit utional Court, the Supreme Patent and Trademark Senate, if it has 
decided in the second instance, is replaced by the Higher Regional Court of Vienna, 
if it has decided in the third instance, the Supreme Court.  If necessary, the 
proceedings must be continue d before the respective court.  
(7) Section s 129 to 136 shall continue to apply to reinstatement proceedings that are 
pending in appeal proceedings after the end of December 31, 2013.  
(8) If the contested decision, in respect of which reopening is requested pursuant to 
Section  127, was taken before the end of December 31, 2013 by the appeals 
department or by the Supreme Patent and Trademark Senate, the Vienna Higher 
Regional Court is re sponsible for deciding on the request for reopening.  
Section  176c.  (1) Employees who are in an employment relationship with the Patent 
Office within the scope of their partial legal capacity pursuant to Section  58b and who 
are not at the same time employee s of the Patent Office within the framework of an 
employment relationship with the federal government are entitled to enter into a 
contractual employment relationship with the expiry of Section  58b to switch to the 
federal government (Federal Ministry for Transport, Innovation and Technology - 
Patent Office).  They must submit a declaration of willingness to change to the patent 
office in writing no later than seven months before the expiry of Section  58b. The 
declaration is legally ineffective if the employ ee has attached a condition.  The 
employment relationship of those employees who do not submit the declaration in 
time. 
 
(2) For those employees who submit a declaration to change to a contractual 
employment relationship with the federal government in accordance with Paragraph 
1, but do not enter into such an employment relationship, the employment 
relationship with the Pate nt Office ends within the scope of partial legal capacity with 
the expiry of Section  58b while maintaining the labor law claims.  
(3) The contractual employment relationships with the federal government pursuant 
to Paragraph 1 are to be concluded in such a way that they begin with the expiry of 
Section  58b. When switching to an employment relationship with the federal 
government, there is no entitlement to payment of a severance payment.  For 
employees, the provisions of the service and salary law for contrac t employees of the 
federal government apply.  The period of service spent in the previous employment 
relationship with the patent office within the scope of his partial legal capacity must, 
however, be taken into account for all time -dependent rights.  Secti on 84 of the VBG 
shall apply to employees who, prior to the change, acquired entitlement to severance 
pay under the Salaried Employees Act.     
 
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(4) With the expiry of Section s 58a and 58b, the Federation shall take over the assets 
and other rights and liabilit ies that the Patent Office has within the scope of its partial 
legal capacity  acquired or justified in accordance with the statutory provisions.  The 
federal government is only liable up to the extent of the assets taken over.  
(5) Contractual relationships under civil law between the Federal Government and 
the Patent Office within the scope of its partial legal capacity expire when Section  
58b becomes invalid.  
(6) At the beginning of the fourth month following the expiry of Section  58b, the 
President of the Patent Office shall present the Federal Minister for Transport, 
Innovation and Technology with a statement of accounts on the management within 
the framework of partial legal capacity.  
(7) All processes in accordance with this federal law in connection wit h the 
dissolution of the partial legal area of the patent office, the transfer of assets or the 
granting of rights, claims and liabilities from the partial legal area of the patent office 
to the federal government are subject to all fees, duties and ta xes regulated by 
federal law Exempt from sales tax.  
Final  provisions  
Section  177. Insofar as this federal act refers to provisions of other federal statutes, 
unless otherwise specified, these shall be applied in their current version.  
 
Section  178. For all personal designations used in this Federal Act, the chosen form 
applies to both genders.  
 
Section  179. The following are entrusted with the implementation of this Federal Act:  
 
1. with regard to Section  51, the Federal Government,  
 
2. with regard to Section  49 (4), Section s 147 to 156, 158 to 162 and 165, the 
Federal Minister of Justice,  
 
3. with regard to Section  126 and of Sections  138 to 146 of the Federal Minister for 
Transport, Innovation and  Technology and the Federal Minister of Justice,  
 
4. with regard to Section  57 (2), the Federal Minister for Transport, Innovation and 
Technology i n Agreement with the Federal Minister for F oreign Affairs,  
 
5. with regard to Section  58b (6), the Federal Minister for Transport, Innovation and 
Technology i n Agreement with the Federal Minister of Economics, Family and Youth,  
 
6. The Federal Minister of Transport , Innovation and Technology  with regard to all 
other provisions of this Federal Act . 
 
Section  180. (1) Section s 21, 60 (4) and (5), Section  64 (3) and (4), Section s 68, 78 
(1), Section s 79, 89 (1), Section s 90, 94 (1) 2, Section  99 Paragraph 5, Section  166 
Paragraph 3 and 4, Sections  168, 169, 171 Paragraph 2, the heading of Section  
172a, Section  172a, the heading of VI.  Section  173, as amended by Federal Law    
 
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Gazette No. 418/1992, come into force at the beginning of the fourth month following 
the publication of the Federal Law Gazette No. 418/1992.  
 
(2) Section  167 shall expire at the end of the third month following the announcement 
of the Federal Law Gazette No. 418/1992.  
(3) Article 4 (3), Article 21, Article 48 (1) 2, Article 50, Article 77, Ar ticle 81 (3), Article 
90, Article 91a (1), the heading of Article 92b, Article 92b, Section  102 (2) nos. 2 and 
4 and Section  102 (5) in the version of the Federal Law, Federal Law Gazette No. 
212/1994, come into force on April 1, 1994.  
(4) Section s 22 and 28 (1), Section s 36, 37 and 47 (1), Section  80 (1), Section  81 (7), 
Section  110 and 112 (2), Section  137 (2), Section s 155 and 166 Paragraph 3, 
Section  173 Z 2 to 7 and Section  173a in the version of the Federal Law, Federal 
Law Gazette No. 181/1996, come into force on January 1, 1996.  
(5) Section s 24, 25, the heading of Section  29, Section  29, the heading of Section  38, 
Section s 38 to 42 and 47 (3), Section  110 (2), the heading of Section  164 and 
Section s 164, 172 and Section  173 Z 3 expire on December 31, 1995.  
(6) Section  3 (2), Section  58 (2), Section s 58a and 60 (3) letter d, Section  61 (6), 
Section  62 (4) items 3 to 5, Section  64 (3) to 5 , Section  70 (5), Section  81 (4), 
Section s 93a, 93b and 94 (1), Section  95 (1), Section 166 (1), Section s 172b and 
172c and Section  173 (2) in the version of the Federal Law in Federal Law Gazette I 
No. 175/1998 come into force at the beginning of the second month following the 
publication of the Federal Law in Federal Law Gazette I No. 1 75/1998.  At the same 
time, Section  62, Paragraph 4, Item 3 in the version currently in force and Section  
110 and its heading are no longer in force.  
(7) Section  36 (4) as amended by Federal Law Gazette I No. 175/1998 comes into 
force on January 1, 1996.  
(8) Section  78 (1), Section  82 (2), Section s 83, 120 (5), Section  166 (1), (3) and (4) 
and Section  168 (1), (3) and (4) in the version of the Federal Law BGBl. I No. 
143/2001 come into force on January 1, 2002.  
(9) Section  3 par. 4, Section  5 par. 1, Section  7 par. 1, Section  20 par. 3 and 5, 
Section  21 par. 1 and 2, Section  22 par. 3 to 5, Section s 22a, 28 par. 2, Section s 31, 
32, 43 par. 5, Section  45 par. 1, Section  48 par. 1 Z 1, 3 and 4, Section  48 par. 3, 
Section  49 par. 5 to 7, Sectio ns 50, 52 par. 1, Section  57 subsection  1, Section s 57b, 
58b subsection  3, Section  60 subsection  3, Section  62 subsection s 3 and 4, Section s 
62a, 63 subsection  2, Section  64 subsection s 2, 4 and 5, Section s 68, 69, 70 
subsection s 2 and 5, the heading of Section  71, Section s 71, 72 subsection  2, 
Section  73 subsection s 4, 8 and 9, Section  74 subsection s. 1, 4, 10 and 11, Section  
76 subsection s 2 to 4, Section  78 subsection s 2 and 3, Section  79 subsection  1, 
Section  80 subsection s 1 and 2, Section  81 subsection s 2 and 3, Section  81a, 82 
subsection s 2 and 5, Section  83, 84 subsection  1, Section  87 subsection  1, Section  
87a subsection s 2 and 3, Section  91 subsection  3, Section s 91a, 92a, 92b, 93 
subsection  1, Section s 94, 95 para. 2, t he heading of Section  99, Section s 99, 100, 
the heading of Section  101, Section s 101, 101a, the heading of Section  101b, 
Section  101b, the heading of Section  101c, Section  101c, the heading of Section     
 
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101d, Section s 101d, 102, 103 paras. 2 to 6, Section s 104, 105, the heading of 
Section  107, Section  107, the heading of Section  108, Section s 108, 112 subsection  
2, Section  114 subsection  3, Section  115 subsection  2, the heading of Section  115a, 
Section s 115a, 120 subs ection s 4 and 5, Section  122 subsection  1, Section s 125, 
127 subsection s. 1 and 4, Section  128, the heading of Section  128a, Section s 128a, 
129 para. 2 subpara. 2, Section  129 para. 3, Section  137 para. 2, Section  138 para. 
2, Section  139 paras. 2 and 3, Section s 141, 142 para. 1 subpara. 1, the heading of 
Section  145a, Section  145a, the heading of Section  145b, Section s 145b, 148, 150 
paras. 3 and 4, the heading of Section  151a, Section s 151a, 152 subsection s 2 and 
3, Section s 154, 156 subsection s 3 to 6, the heading of Section  157, Section  157, the 
heading of Section  158, Section s 158, 159, 160, 161, the heading of Section  VI. 
Section , the heading of Section  173, Sections  173 to 176, the heading of Section  177 
and Sections  177 to 179 in the version of the Federal Act Federal Law Gazette I No. 
149/2004 shall enter into force at the beginning of the seventh month following the 
promulgation of the said Federal Act. At the same time, Section  4 para 3, Section  49 
para 6, Section  76 para 5, Section  90, the heading of Section  106, Section  106, the 
heading of Section  109, Section  109, the heading of Section  111, Section  111, 
Section  129 para 2 subpara 3, Section  132, the V. Section , Sections  172b, 172c and 
173a shall cease to be in force in the previously applicable version.  
(10) Section  21 (4) and (5), Section s 58, 58a (4), Section  60 (1) and (2), Section s 61, 
72 (1), Section  74 (3), Section  75 (1), Section  115 Paragraph 1, Section  119 
Paragraph 3 and Section  181 in the version of the Federal Law, Federal Law Gazette 
I No. 149/2004, come into force at the beginning of the day following the 
announcement of the aforementioned Federal Law.  At the same time, Section s 59 
and 60 Paragraphs 4 and 5 of the previous ve rsion cease to apply.  
(11) Section  1 Paragraphs 2 to 4, Section s 2, 3 Paragraph 3, Section s 22b, 22c, 36 
Paragraphs 2 to 5, Section  37, the heading of Section  38, Section s 38, 47 Paragraph 
1 , the headings of Section  81a, Sections  81a, 87a Paragraphs 2 and  3, Sections  
89a, 102 Paragraph 2 No. 4 and Section  182 in the version of the Federal Law, 
Federal Law Gazette I No. 42/2005 (Biotechnology Directive - Implementation 
Amendment) in force at the beginning of the day following the announcement of the 
aforeme ntioned federal law.  At the same time, Section  36 Paragraphs 4 to 7 and the 
heading in front of Section  37 in the currently applicable version as well as Section  
81a, Section  87a Paragraphs 2 and 3 and Section  102 Paragraph 2 No. 4 in the 
version of the Fe deral Law, Federal Law Gazette I No. 149 / 2004 (patent law and 
fee amendment 2004) no longer in force.  
(12) Section  48, Paragraph 1, Item 4 and Section  48, Paragraph 3 in the version of 
the Federal Law, Federal Law Gazette I No. 42/2005 (Biotechnology Directive - 
Implementation Amendment) come into force with the entry into force of Section  101 
in the version of the Federal Law, Federal Law Gazette I No.  149/2005 (patent law 
and amendment of fees 2004)  (Note:  correct:  Federal  Law Gazette  I No. 149/2004)  in 
force.  At the same time, Section  48, Paragraph 1, Item 4 and Section  48, Paragraph 
3 in the version of the Federal Law, Federal Law Gazette I No. 149/2 004 (patent law 
and amendment to fees 2004) expire.  
 
(13) Section  159 (3) as amended by Federal Law Gazette No. 151/2005 comes into 
force on January 1, 2006.     
 
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Section  180a.  (1) Section  22 (1), Section s 57a, 60 (3), Section  61 (3), Section  62 (2) 
and (7), Section  81 (4), the headings before Section  111a, Section  111a (3) and 
Section  181a in the version of the Federal Law, Federal Law Gazette I No. 130/2005, 
shall come into force on the day following the announcement of the aforementioned 
Federal Law.  
 
(2) Section  64 (4), Section  67 (1), Section  75 (2), Section  79 (2), Section s 92 and 95 
(3) as amended by Federal Law Gazette I No. 130/2005 join in force on January 1, 
2006.  
(3) The ordinance of the Federal Ministry for Trade and Reconstruction of October 2, 
1965 on the quality and wearing of the official dress of the members of the Supreme 
Patent and Trademark Senate, Federal Law Gazette No. 293/1965, the ordinance of 
the Federal Minister for Economic Affairs regarding implementat ion of the Patent Act 
1970, the Patent Contracts Introductory Act, the Protection Certificate Act 1996, the 
Utility Model Act, the Semiconductor Protection Act, the Trademark Protection Act 
1970 and the Design Protection Act 1990 (Patents, Utility Models, Brands and Model 
Ordinance - PGMMV), Federal Law Gazette No. 226/1994, and the ordinance of the 
Federal Minister for economic matters relating to the publication of official 
publications by the Patent Office, Federal Law Gazette II No. 237/1997, expire on 
December 31, 2005.  
(4) Section  151a, the heading of Section  151b, Section s 151b and 183 in the version 
of the Federal Law, Federal Law Gazette I No. 96/2006, shall come into force at the 
beginning of the day following the announcement of the aforementioned  Federal 
Law.  
(5) Section  1 (1), Section  3 (2) and (3), Section s 22a, 60 (3) no.1 and Section  173 (3) 
in the version of the Federal Law, Federal Law Gazette I No. 81/2007 come into force 
of the revised version of the European Patent Convention comes into f orce.  
(6) Section  21 (4) in the version of the Federal Law, Federal Law Gazette I No. 
81/2007, comes into force at the beginning of the day following the publication of the 
aforementioned Federal Law.  
(7) Section  54 (2), Section  58b (6), Section  74 (9), Section  157 (1) item 2, Section s 
178a and 179 items 5 and 6 as amended by Federal Law Gazette I No. 126 / 2009 
come into force on January 1, 2010.  
(8) Section  58 (1), Section  58a (1) and (2), Section  58b (3) and (5), Section  60 (3) 
(1), Section  62 (1), Secti on 64 (2) second sentence and Section  V in of the version of 
the Federal Law in Federal Law Gazette I No. 126/2009 come into force at the 
beginning of the day following the publication of the aforementioned Federal Law.  
Section  180b.  (1) Section  76, Paragraph 1, Item 2 in the version of the Federal Act, 
Federal Law Gazette I No. 135/2009, comes into force on January 1, 2010.  
(2) Section  21 (1), (4) and (6), Section  37 (5), Section  60 (3) (2) and (3), Section  61 
(2), (3) and (6), Section  62 (8), Section s 63 and 66 , 67, 76, 77, 82 paragraph 4, 
Sections  83, 84 paragraph 3, Sections  85, 95 paragraph 3, Section  103 paragraph 5, 
Section  111a paragraph 5, Section  114a paragraph 1, Section  115 Paragraphs 3 and 
4, Section  119 Paragraphs 1 and 3, Section  125 Paragraph 1, Section s 126, 127    
 
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Paragraph 4, Section  129 Paragraph 2, Section  130 Paragraph 2, Section  137, the 
heading of main part IV , Section s 138 to 146 including headings, the renaming of the 
previous main part IV,  Section  156, Paragraph 6, the heading of Section  157, Section  
157, Paragraph 1, Item 5, Section s 160, 162, Paragraph 1, the renaming of the 
previous one V. and VI.  Main part, Sections  176b and 179 Z 3 in the version of the 
federal law, Federal Law Gazette  I No. 126/2013, come into force on January 1, 
2014.  At the same time, Section  60, Paragraph 3, Item 4, Section s 70 to 75, including 
the headings, and Section  178a in the previously applicable version are no longer in 
force.  
(3) Section  2 (3), Section  43 (6) and (7), Section  62 (8), Section  80 (4), Section  91a 
first sentence, Section s 92, 101 (2) last sentence and Section  111a (4) in the version 
of the Federal Law Gazette I No. 124/2017 come into force at the beginning of the 
day following the announcement of the said Federal Law.  
(4) The headings of Section  81 and Section  81 (8) in the version of the 2nd Material 
Data Protection Adaptation Act, Federal Law Gazette I No. 37/2018, come into force 
on May 25, 2018.  
Section  180c.  (1) Section  58 (3) in the version of the Federal Law, Federal Law 
Gazette I No. 71/2016, comes into force at the beginning of the tenth month following 
the publication of the aforementioned Federal Law.  At the same time, Section  58a 
and Section  58b expire.  Section  2 (2) first sentence, Section  57b last sentence, the 
heading to Section  58, Section  58 (1) first sentence and Section  176c come into 
force at the beginning of the day following the announcement of the aforementioned 
federal law.  
(2) The ordinance of the Pres ident of the Patent Office on the services and 
information to be provided within the framework of the partial legal capacity of the 
patent office (partial legal capacity ordinance 2010 - TRFV 2010), PBl.  2010, No. 2, 
Appendix, ceases to be in force at the beginning of the tenth month following the 
announcement of the aforementioned federal law.  
Section  181. Ordinances on the basis of this federal law in its current version may 
already be issued from the day following the announcement of the federal law to b e 
implemented;  however, they may not come into force before the statutory provisions 
to be implemented.  
 
Section  181a.  (1) This Federal Act implements  Article 10 (6) of Directive 2001/83 / 
EC on the creation of a Community code for medicinal products for human use, last 
amended by Directive 2004/27 / EC of the European Parliament and of the Council of 
March 31, 2004 of Directive 2001/83 / EC, OJ No. L 1 36 of April 30, 2004 p. 34.  
(2) This Federal Act implements  Article 13 (6) of Directive 2001/82 / EC on the 
creation of a Community code for veterinary medicinal products, last amended by 
Directive 2004/28 / EC of the European Parliament and of the Council  of March 31, 
2004 of Directive 2001/82 / EC, OJ No. L 136 of April 30, 2004 p. 58.  
Section  182. This federal law implements Directive 98/44 / EC of the European 
Parliament and of the Council of July 6, 1998 on the legal protection of 
biotechnological inve ntions, OJ No. L 213 of July 30, 1998 p. 13.  
    
 
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Section  183. With this federal law, the patent law is attached to Directive 2004/48 / 
EC of the European Parliament and of the Council on the enforcement of intellectual 
property rights, OJ No. L 157 of 30.4.  2004, page 45, adapted.  
 
(Note:  from Federal  Law Gazette  No. 349/1977,  on Section  156 Federal  Law Gazette  
No. 259/1970)  
Article  II 
Section  156 in the version of this Federal Act shall not apply to infringement 
proceedings that were brought before the court before this Federal Act came into 
force.  
(Note:  from Federal  Law Gazette  No. 349/1977,  to Section  163 Federal  Law Gazette  
No. 259/1970)  
Article  III 
Section  163 of this federal law does not apply to judicial proceedings pursuant to 
Section  228 of the Austrian  Code of Civil Procedure (ZPO) which are aimed at a 
determination within the meaning of Section  163 of this Federal Act and which have 
not yet been legally concluded at the time this Federal Act comes into force.  
(Note:  from Federal  Law Gazette  No. 526/198 1, on Sections  166 Paragraphs  1, 3 
and 4, Sections  167, 168 Paragraphs  1 and 5 of Federal  Law Gazette  No. 259/1970)  
Article  III 
 (1) The provisions made in this Federal Act on the extent of the fees apply to all 
payments that are made after the entry into force of this Federal Act or are intended 
for applications that are submitted after the entry into force of this Federal Act.  
(2) Deferred fees are to be paid even after the entry into force of this Federal Act to 
the extent that was in effect at the time the deferral was granted.  
 (Note:  from Federal  Law Gazette  No. 126/1984,  on Sections  166 Paragraphs  1, 3 
and 4, Sections  167, 168 Paragraphs  1 and 5 of Federal  Law Gazette  No. 259/1970)  
Article  III 
 (1) The provisions made in this Federal Act on the extent of the fees apply in 
accordance with Paragraphs 2 and 3 to all payments that are made after the entry 
into force of this Federal Act or before the entry into force of this Federal Act, but are 
intended for applications which will be handed over after this federal law has come 
into force.  
(2) The first annual fee and the annual fee for additional patents are to be paid in the 
amount specified in the respective resolutions pursuant to Section  101 (1) of the 
Patent Act 1970.  
(3) Deferred fees are to be paid to the extent that was in effect at the time the deferral 
was granted.  
 (Note:  from Federal  Law Gazette  No. 234/1984,  to Federal  Law Gazette  No. 
259/1970)  
Article  III 
If data is processed automatically for the purpose of creating registers that are kept 
by the Patent Office on the basis of statutory provisions or to fulfill an existing 
obligation of the Patent Office to provide information, then Section s 11 and 11 shall    
 
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apply to their determination, processing, transmission, correction and deleti on 12 
para. 2 no. 2 of the Data Protection Act, Federal Law Gazette No. 565/1978, in the 
currently applicable version.  
(Note:  from Federal  Law Gazette  No. 653/1987,  on Section  166 Paragraphs  1, 3 and 
4, Section  167, Section  168 Paragraph  1 Federal  Law Gazette  No. 259/1970)  
Article  III 
 (1) The provisions made in this Federal Act on the extent of the fees apply in 
accordance with Paragraphs 2 and 3 to all payments that are made after the entry 
into force of this Federal Act or before the entry into force of this Federal Act, but are 
intended for applications which will be handed over after this federal law has come 
into force.  
(2) The first annual fee and the annual fee for additional patents are to be paid in the  
amount specified in the respective resolutions pursuant to Section  101 (1) of the 
Patent Act 1970.  
(3) Deferred fees are to be paid to the extent that was in effect at the time the deferral 
was granted.  
(Note:  from Federal  Law Gazette  No. 349/1977,  on Sections  166 Paragraphs  1, 3 
and 4, Sections  167, 168 Paragraphs  1, 2 and 4, Section  171 Paragraph  1 Federal  
Law Gazette  No. 259/1970)  
Article  IV 
 (1) The fee provisions of this Federal Act apply to all payments that are made after 
the entry into force of this Federal Act or are intended for applications that are 
submitted after the entry into force of this Federal Act.  
(2) Deferred fees are to be paid even after the entry into force of this Federal Act t o 
the extent that was in effect at the time the deferral was granted.  
(Note:  from Federal  Law Gazette  No. 234/1984,  on Section  2 Federal  Law Gazette  
No. 259/1970)  
Article  IV 
(1) Insofar as and as long as a reservation by Austria in accordance with Article 167 
(2) (a) of the European Patent Convention, Federal Law Gazette No. 350/1979, is 
effective, patents for inventions of chemical products as such, of food as such for 
humans or pharmaceuticals as such are not granted, unless the invention relates to a 
process for the production or use of a chemical product or a process for the 
production of a food for humans or a medicament.  
(2) After the entry into force of this federal law (Art. VII, Paragraph 1), patents granted 
contrary to Paragraph 1 are to be  declared null and void upon application.  
(Note:  from Federal  Law Gazette  No. 234/1984,  on Sections  13, 9698  Federal  Law 
Gazette  No. 259/1970)  
Article  V. 
 (1) Patents that were granted prior to the entry into force of this Federal Act (Art. VII, 
Paragraph 1) are to be declared null and void on application if it emerges that their 
subject matter is subject to Section s 1 to 3 of the Patent Act 1970, BGBl. No. 259, 
was not patentable or the invention is the subject of a previous applicant's patent.     
 
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(2) Priority rights claimed prior to the entry into force of this Federal Act within the 
meaning of Section s 96 to 98 of the Patent Act 1970, Federal Law Gazette No. 259, 
in the version of the Patent Act Amendment 1977, Federal Law Gazette No. 349, 
continu e to apply.  
 (Note:  from Federal  Law Gazette  No. 234/1984,  on Sections  28, 46 Paragraph  1 Z 1 
and Paragraph  3, Section  110 Paragraph  2 Federal  Law Gazette  No. 259/1970)  
Article  VI 
For the duration and expiry of patents based on patent applications filed before this 
Federal Act (Art. VII, Paragraph 1) came into force, Section  28, Section  46, 
Paragraph 1, Item 1 and Paragraph 3 and Section  110, Paragraph 2 of the Patent 
Act shall appl y 1970, Federal Law Gazette No. 259, continues to be authoritative.  
(Note:  from Federal  Law Gazette  I No. 135/2009,  to Section  76, Federal  Law Gazette  
No. 259/1970)  
Article  79 
Entry  into force  and transitional  provisions  
 (1) Art. 2 (Amendment of the General Civil Code), Art. 3 (Amendment of the 
Marriage Act), Art. 4 (Amendment of the Reproductive Medicine Act), Art. 6 
(Amendment of the jurisdiction norm), Art. 7 (Amendment of the Criminal Code), Art. 
27 (Amendment of the Income Tax Act 1988), Art. 28 (Amendment of the Corporate 
Income Tax Act 1988), Art. 29 (Amendment of the Sales Tax Act 1994), Art. 30 
(Amendment of the Valuation Act 1955), Art. 31 (Amendment of the Fees Act 1957), 
Art. 33 (Amendment of the Federal Tax Code), Art. 34 (Amendment of the  Alcohol 
Tax Act), Art. 61 (Amendment of the Physicians Act 1998), Art. 62 (Amendment of 
the Salary Fund Act 2002), Art. 63 (Amendment of the Pharmacy Act), Art. 72 
(Amendment of the Study Support Act), Art. 76 (Amendment of the Development Aid 
Act), Art.7 7 (Amendment of the Federal Act on the Tasks and Organization of the 
Foreign Service - Statute) and Art. 78 (Federal Act on the Granting of Privileges and 
Immunities to International Organizations) come into force on January 1, 2010.  
 (2) The penal provisi ons amended by this Federal Act shall not apply in criminal 
cases in which the judgment was passed in the first instance before they came into 
force.  However, following the annulment of a judgment as a result of a nullity 
complaint, appeal, resumption or r enewal of criminal proceedings or as a result of an 
objection, the procedure is in accordance with Section s 1 and 61 of the Criminal 
Code.