The Higher Regional Court of Vienna confirmed the three-factor Bicalutamid/Schneidmesser Test, holding that a variant is equivalent to an invention for the purposes of infringement if the following…
The Higher Regional Court of Vienna confirmed that the "second medical use" of an already known substance, as required for patent protection, can be that the substance is used for a specific group of…
According to sec. 1 para 3 no. 5 Austrian Patent Act, programs for computers are not patentable per se. However a computer program may be patentable if it fulfills the technical character requirement…
An invention is considered to involve an inventive step pursuant to Sec 1 Para 1 of the Austrian Patent Act (which corresponds to Art 56 EPC) if it is obvious to the skilled person based on prior art…
Contrary to established case law and practice, the Higher Regional Court of Vienna stayed preliminary injunction proceedings in a patent infringement matter and conducted an oral hearing. The…
The Supreme Court stated that decisions dismissing a request for a stay of proceedings that are within the discretion of the court can generally not be contested according to section 192(2) Austrian…
1. Also in case a dependent claim is patentable on its own, fulfillment of all features of both the main claim and the dependent claim is required for infringement.
2. The scope of a patent is…
Tomorrow is the deadline for persons with the qualifications required for appointment to judicial office in a state which is a contracting party to the Agreement on a Unified Patent Court ("UPC") to…
The act of including a generic product into the official Austrian pharmaceutical product index before expiry of the relevant patent/SPC, is considered an act of "putting into circulation" and…
The right to an unpatented invention does not entitle to its exclusive use; it ceases to exist if the invention is made public without patent protection. The right to an unpatented invention…
