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INFORMATION FROM THE CONTRACTING / EXTENSION STATES

AT Austria

Decision of the Oberster Gerichtshof (Supreme Court) dated 29 September 1992

(4 Ob 24/92)1

Headword: Abfallbeizen (Waste pickle liquors)

Sections 21(4), 33, 43(1), 162 PatG (Patent Law)

Keyword: "Transfer of patent rights transfer claims against foreign applicants- no domestic jurisdiction"

Headnote

1. Rights arising from patents or patent applications constitute property which can be localised at the headquarters of the patent office in Vienna. Applications for the transfer of such rights filed against persons who neither reside nor have a place of business in Austria are thus subject to the jurisdiction of the court in Vienna which deals with property rights.

2. Where a European patent application covers Contracting States other than Austria, applications for transfer made against foreign patent applicants are not sufficiently connected with Austria for the latter to have jurisdiction over them.

AT 1/94