Patent Law and Procedure in Austria

Abstract

IN view of the present interest in the reform of the patent law and procedure in Great Britain (see NATURE, May 6, p. 553), it may be worth while to refer briefly to the manner in which the Austrian Patent Act, 1925, has tried to cope with one of the most intricate problems concerned, namely, the treatment of the scientific worker in his quality as inventor. Under this Act—which seems to be the most progressive legislation in this field of law—the employee is considered the owner of his inventions, even if they had been made in the course of his employment. He may assign his invention and the patent applied or granted therefor to his employer or may grant him a licence, and is bound to do so if agreed upon in either an individual or collective agreement; but he is entitled to claim an adequate compensation for such assignment or grant of licence, a right which he cannot validly waive in advance. Failing an agreement between employer and employee, the Court has to assess the compensation, taking into consideration the importance of the invention, the possibilities of utilizing the same and the part which facilities provided by the employer and his experience have played in arriving at the invention. Such a decision may be altered by the Court on application of either side if circumstances have essentially changed.