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The Öpa Flexible Regulation

Original Language Title: Änderung der ÖPA-Flexibilisierungsverordnung

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457. Regulation of the Federal Minister of Transport, Innovation and Technology, amending the regulation on the application of the flexibilisation clause at the Austrian Patent Office (ÖPA flexibilisation regulation)

On the basis of § § 17a and 17b of the Federal Budget Act, BGBl. No. 213/1986, in the version of the Federal Law BGBl. I n ° 67/2010, shall be assigned in agreement with the Federal Minister for Finance:

The regulation of the Federal Minister of Transport, Innovation and Technology on the application of the flexibilisation clause at the Austrian Patent Office (ÖPA flexibilisation regulation), BGBl. II No 472/2004, as amended by the BGBl Regulation. II No 22/2007, is hereby amended as follows:

1. In § 2: "2010" by "2012" replaced.

2. In § 11 (1) "2011" by "2013" replaced.

3. § 16 (2) the following paragraph 3 is added:

"(3) § § 2 and 11 para. 1, § 16, points 1.1, 1.2, 1.3, 3.1.a, 3.2.c to f, 4 to 6 of the project programme in the annex as well as the annex" Supplement to 2. legal bases (legislation in the field of industrial property protection) ", in each case in the Version of the BGBl Regulation. II No 457/2010 shall enter into force on 1 January 2011. '

Point 1.1 of the Appendix is:

" 1.1

Ensuring and further developing an effective and modern intellectual property rights system in accordance with the legal order as well as supporting the economy "

Point 1.2 of the Appendix is:

" 1.2

Comprehensive independent perception of the Community and international affairs in the field of industrial property protection as well as optimal positioning of the Austrian Patent Office "

6. point 1.3 of the Appendix is:

" 1.3

Increase of public awareness of industrial property rights ("patent awareness" etc.) in the sense of economic and customer orientation "

7. Points 1.4, 1.5 and 1.6 of the Appendix shall be deleted.

8. In point 3.1.a of the Appendix, the word order shall be "in the interest of the notifying parties and the public" is deleted.

9. Points 3.2.c, 3.2.e and 3.2.i of the Appendix shall be deleted. Points 3.2.d, 3.2.f, 3.2.g and 3.2.h will be given the names 3.2.c, 3.2.d, 3.2.e and 3.2.f.

10. point 3.2.f of the Appendix is:

" 3.2.f

Compliance with budgetary objectives within the framework of the delegation of decision-making, result and budget responsibility "

11. Item 4 of the Appendix is:

4. Performance Measures

4.a.

Percentage of first notice of priority patent applications within a given period of time

4.b.

Percentage of insignation of inventions within a certain period of time

4.c.

Average procedural duration of the rights of the invention

4.d.

Average duration of national trade mark applications up to registration

4.e.

Percentage of national trade mark applications, the examination procedures of which have been completed in the first instance within a certain period of time

4.f.

Percentage of national trade mark applications with duration of proceedings longer than a certain period

4.g.

Percentage of open complaints older than a certain period of time

4.h.

Percentage of open inactivity over a certain period of time

4.i.

Percentage of the execution of all requests outside a specific procedure within a given period of time

Performance Measures

2009

2010

2011

2012

4.a.1.

Percentage of first pre-notice of priority patent applications within 6 months

24.9%

25%

25%

25%

4.a.2.

Percentage of first pre-notice in case of priority patent applications within 10 months

74.9%

75%

75%

75%

4.b.

Percentage of inexhaustion of patent applications within 2 years

70%

70%

75%

75%

4.c.

Average procedural duration of the rights of the invention

16 months

15 months

15 months

15 months

4.d

Average duration of national trade mark applications up to registration

3 ½ months

3 months

3 months

3 months

4.e

Percentage of national trade mark applications completed within 4 months in the first instance

68%

70%

65%

70%

4.f

Percentage of national trade mark applications with duration of proceedings longer than 2 years

1.8%

1.5%

1.5%

1.5%

4.g

Percentage of open complaints older than 3 years

8%

5%

5%

5%

4.h

Percentage of open nulties older than 5 years

8%

5%

5%

5%

4.i.

Percentage of the execution of all requests outside of a concrete procedure within a working day

85%

87%

90%

90%

12. Item 5 of the Appendix is:

5. Presentation of the planned posts expected during the project period

Plan Job preview

Officer/Pamper.

2009

2010

2011

2012

A1

124

124

124

124

A2

18

18

18

18

A3

30

30

30

30

A4

0

0

0

0

A5

0

0

0

0

Total Officials

172

172

172

172

VB/EntlGr

V1

3

3

3

3

V2

5

5

6

6

V3

25

23

20

18

V4

0

0

0

0

VB-SV

2

2

2

2

Total VB

35

33

31

29

Total

207

205

203

201

13. point 6 of the Appendix is:

6. Presentation of the expenditure and revenue expected during the project period

Approach

Success in Euro

2009

expected success in euros
2010

2011
in euro

2012
in euro

1-41800 Personnel expenditure

12.064.954.31

11.790.580.79

12.200.000,00

12.400.000,00

1-41803 Assets

170.934,48

157,338,40

50.000,00

50.000,00

1-41807 expenses (law. Meals)

361,744,47

352.715.70

360.000,00

360.000,00

1-41808 expenses

6.364.203.07

6.241.685.35

4.999.000,00

4.599.000,00

Total Outputs

18.961.836.33

18.542.320.24

17.609.000,00

17.409.000,00

Difference in%

-2.21%

-5.03%

-1.14%

2-41804 Fees according to PatG and MSchG

31.895.143.50

32.745.735.29

32.061.000,00

32.061.000,00

2-41805 Other income-effective revenue

15.240.14

191.617.22

150.000,00

150.000,00

2-41807 Inventory-effective revenue

185.00

19.167.00

3.000,00

3.000,00

Total Revenue

31.910.568.64

32.956.519.51

32.214.000,00

32.214.000,00

Difference in%

3.28%

-2.25%

0.00%

Balance

12.948.732.31

14.414.199.27

14.605.000,00

14.805.000,00

Difference Amount in%

11.32%

1.32%

1.37%

Explanatory notes to point 6:

UT 0: The personnel expenses were determined on the basis of the current personnel level in connection with the expected success in 2010. Increases in expenditure during the project period, as a result of changes in service and pay, have been calculated as far as possible.

UT 3: It was assumed that a stable investment volume (taking into account the flexibility expenditure) was taken.

UT 7: The statutory obligations have been made in connection with personnel expenses as well as expenses for members of the Supreme Patent and Trade Mark Senate, which do not belong to the Austrian Patent Office's staff status, of the expected success in 2010.

UT 8: In the case of expenses, existing maintenance, service, license and lease agreements were included, taking into account the greatest possible savings potential.

UT 4: The revenue to be expected from the process, term of protection and other charges was based on the trend of registrations, or , as well as of planned fee adjustments.

UT 5: As an essential factor in the area of other income-effective revenues, the expenses of serv.ip have been taken into account in budgeting.

14. The included in the Annex "Supplement to 2. legal bases (legislation in the field of industrial property rights)" shall be replaced by the attached version of the "Asset" replaced.

Bures