Key Benefits:
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 |
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4.b. |
Percentage of insignation of inventions within a certain period of time |
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4.c. |
Average procedural duration of the rights of the invention |
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4.d. |
Average duration of national trade mark applications up to registration |
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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 |
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4.f. |
Percentage of national trade mark applications with duration of proceedings longer than a certain period |
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4.g. |
Percentage of open complaints older than a certain period of time |
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4.h. |
Percentage of open inactivity over a certain period of time |
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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 |
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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 |
2011 |
2012 |
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.
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