149. Federal Law, which amended the Patent Law 1970, the Patent Compatible Introduction Act, the Utility Model Law, the Protection Certificate Act 1996, the Semiconductor Protection Act, the Model Protection Act 1990 and the Trademark Protection Act 1970, and A federal law on the fees and charges payable in the area of the patent office (Patent Office Fee Act-PAG) is issued (patent law and fee novella 2004)

The National Council has decided:

table of contents

Item	Subject matter
I	Amendment of the Patent Act 1970
II	Amendment of the Patent Impact Assessment Act
III	Amendment of the Utility Model Law
IV	Amendment of the Protection Certificate Act 1996
V	Amendment of the Semiconductor Protection Act
VI	Amendment of the Model Protection Act 1990
VII	Amendment of the Trademark Protection Act 1970
VIII	Federal law on the fees and charges payable in the area of the Patent Office (Patent Office Fee Act)

Article I

Amendment of the Patent Act 1970

The Patent Law 1970, BGBl. No 259, as last amended by the Federal Law BGBl. I n ° 143/2001, shall be amended as follows:

1. § 3 (4) reads:

' (4) For the purposes of the application of paragraphs 1 and 2, a disclosure of the invention shall not be taken into account, which shall be effected not earlier than six months before the filing of the application, and shall be immediately or indirectly withdrawn.

1.		an apparent abuse to the detriment of the applicant or his/her legal guerrior, or
2.		the applicant or his/her legal guerrian shall be informed of the invention on official or officially recognised exhibitions within the meaning of the Convention on International Exhibitions, BGBl. No. 445/1980. "

2. Section 4 (3) is deleted.

3. § 5 (1) reads:

" (1) The first applicant shall not, however, be entitled to the grant of the patent if he is not the inventor or his successor or if the essential content of his application is the descriptions, drawings, models, equipment or shall be taken without the consent of another or one of the methods used by the latter. "

4. § 7 (1) reads:

" (1) Agreements between service providers and service providers, according to which future inventions of the service provider are to belong to the service provider or to which the service provider is to be granted a right of use for such inventions, have legal provisions only Effect if the invention is a service invention (paragraph 1). 3). The agreement requires the written form to be valid, which is also performed if a collective agreement (§ 2 para. 1 of the German Labour Constitution Act, BGBl. No. 22/1974).

5. § 20 (3) and (5) reads:

" (3) The designation as an inventor shall be effected upon request by an application in the publication of the application, in the publication of the publication, in the notice of the grant of the patent, in the patent, in the patent document and by Registration in the patent register. If the publication of the patent grant has already been made and the patent certificate has already been issued, a special certificate concerning the designation of the inventor shall be completed on request and a special notice shall be published in the patent document. . The designation as the inventor shall also be included in the priority documents to be issued by the Patent Office. "

"(5) If the applicant, the patent proprietor or already the inventor, has the consent, the Patent Office shall, upon request, decide on the right to be named as the inventor."

6. § 21 (1), (2), (4) and (5) reads:

" (1) Anyone who acts as a representative before the Patent Office or in front of the Supreme Patent and Trade Mark Senate must have domided or domiciled domials domestic; for lawyers, patent attorneys and notaries, however, the professional legal profession shall apply. Regulations. The representative shall do so by means of a written authorisation to be presented in the original or in duly certified copy. If more than one person is authorized, each person alone shall be empowered to represent them.

(2) A lawyer, a patent attorney or a notary shall write, and the appointment shall be replaced by the authorization given to him by his/her official proof. "

" (4) Anyone who has neither domicipatory nor establishment domesticated shall be entitled to claim rights under this Federal Act before the Patent Office and before the Supreme Patent and Trademark Senate only if he is represented by a party representative referred to in § 77. However, if the place of residence or establishment is located in the EEA, it is sufficient for the assertion of rights under this Federal Act to appoint a delivery representative domiced in the territory of the country. The use of service and information services of the Patent Office, including expert opinions and research, is neither necessary for the appointment of a representative or an agent for the delivery of the service.

(5) In addition to § 83c JN, the place where

1.		the representative has his or her domestic domiciate or his or her domestic establishment, or
2.		the appointing agent has his or her domestic residence, or
3.		in the absence of a representative with a domicical or domestic establishment or an authorised representative with a domestic residence, the place where the patent office is situated,
for the matters relating to the patent as the domician's residence or establishment of a patent proprietor who is neither domicated nor established domestiy. "

7. According to Article 22 (2), the following paragraphs 3 to 5 are added:

" (3) The patent also has the effect that it is prohibited to any third party without the consent of the proprietor of the patent other than the persons entitled to use the invention, which relate to an essential element of the invention, to which: Use or supply of the invention if the third party knows or it is obvious on the basis of the circumstances that these means are suitable and intended to be used for the purpose of using the invention.

(4) Paragraph 3 shall not apply where such means are generally commercially available products, unless the third party deliberately causes the supply to be acted on in a manner prohibited by paragraph 1.

(5) Persons who do not carry out the acts referred to in paragraph 1 shall not be deemed to be persons who are entitled to use the invention in the sense of paragraph 3. "

8. § 22a reads:

" § 22a. (1) The scope of protection of the published application and of the patent shall be determined by the content of the claims. However, the description and the drawings are to be used for the interpretation of the claims. In this connection, the Protocol on the interpretation of Article 69 of the European Patent Convention shall be applied mutatily.

(2) For the period up to the grant of the patent, the scope of protection of the application shall be determined by the last filed claims, which are contained in the publication according to § 101. However, in its issued version, the patent shall, retroactively, determine the scope of protection of the application. "

9. § 28 (2) reads:

" (2) Additional patents reach their end with the tribal atent. However, an additional patent can be expressly maintained as an independent patent if the parent patent is revoked, withdrawn, annulled or waived. In view of the duration, the due date and the extent of the renewal fees, the additional patent that has become self-employed shall replace the parent patent. "

10. § § 31 and 32 are:

" § 31. (1) The patent proprietor may exercise the invention on a commercial basis from the date of publication of the grant of the patent in the scope of protection resulting from the patent specification, without the requirements for obtaining a commercial authorization to be bound. The aim of the invention is to produce, transport and hold the object of the invention in place. If the subject matter of the invention is a process, the beneficiary shall also apply to its use.

(2) In the case of a majority of patent holders, such favouritism shall only be granted to those to whom the patent is entitled to at least one quarter.

(3) If the beneficiary is used by a person at a time when the patent is not entitled to more than four persons, it shall be presumed that that person fulfils the condition set out in paragraph 2 as long as the contrary has not been proven. Section 27 (2) shall not be affected by this.

(4) If the patent is legally revoked, annulled or revoked, the invention shall be exercised by this date on the basis of the industrial authorization required for the activity in question. The same shall apply if the patent has only been partially revoked, annulled or disregarded, for any commercial exercise which is no longer covered by the scope of protection of the patent. However, if the patent is extinguished (§ 46) or is withdrawn (§ 47), the benefit shall continue to be granted in accordance with paragraph 1 if it had already been taken up in the event of an erasure or the withdrawal of the patent.

§ 32. (1) Those who wish to make use of the beneficiary of section 31 (1) shall notify the district administration authority in whose sphere of action the exercise is to take place at the latest at the latest with the beginning of the exercise of the invention.

(2) The patent proprietor shall indicate his place of residence and his nationality as well as the location of the exercise on the notice. The notice is to be attached to the patent specification and to a maximum of one month old register extract (§ 80 paragraph 6).

(3) The revocation, annulment or withdrawal of a patent for an invention, the exercise of which has been indicated in accordance with paragraph 1, shall be notified to the District Administrative Authority within one month of the legal force of the decision. If the patent is only partially revoked, annulled or discredited, a certified copy of the text of this decision shall also be submitted.

(4) The notification in accordance with paragraph 3 shall be subject to the obligation to exercise the invention at the time of the events referred to in paragraph 3 above.

(5) Persons who cease to operate under Article 31 shall notify the competent district administrative authority within one month of the operation.

(6) Anyone who does not reimburse the advertisements in accordance with paragraph 1, 3 or 5 in time shall commit an administrative surrender and shall be punished by the district administrative authority with a fine of up to 1 090 euros. "

Article 43 (5) reads as follows:

"(5) The entries in the Register of Patents pursuant to paragraphs 1 and 2 and the registration of the deletion of the rights to patent rights registered in the Register of Patents shall be effected upon written application by one of the parties concerned or by a court order."

Section 45 (1) reads as follows:

" (1) proceedings pending before the court concerning the affiliation of patents, pleas or other rights to patents as well as the procedures for naming as inventors (§ 20 (5) and (6)), existence of a pre-bencher right (§ 23) and Granting of compulsory licences (§ 36), an objection (§ 102), further withdrawal (§ 47), annulment (§ 48), disqualification (§ 49) and dependence declaration (§ 50) are to be noted on request in the patent register (dispute resolution). "

13. § 48 (1) Z 1, 3 and 4 reads as follows:

" 1.		the subject-matter of the patent does not comply with § § 1 to 3, "
" 3.		the subject-matter of the patent exceeds the content of the application in its original version, which is the filing date of the application,
4.		the micro-organism deposited in accordance with section 87a (2) (1) (1) does not permanently either at the original deposit within the meaning of the Budapest Treaty on the international recognition of the deposit of micro-organisms for the purposes of Patent procedure of 28 April 1977, BGBl. No 104/1984, (Budapest Treaty) or any other deposit to which it has been forwarded in accordance with the provisions of this Treaty, unless the patent proprietor points out:
a)			that it has re-deposited the micro-organism and that the deposit is to be treated in accordance with Article 4 of this Treaty, as if it were carried out on the day of the original deposit; or
b)			that it has been prevented from having such a redeposit by an unforeseen or unwavable event and that it has made up for it within two months of the removal of the obstacle. "

14. § 48 (3) reads:

" (3) The final annulment shall, in the cases referred to in paragraph 1 (1) to (3), have an effect on the date of filing, in the case of paragraph 1 Z 4, on the date on which the deposit was first established that it is not capable of rehearsals of the To deliver a microorganism. However, if the subject-matter of the patent was not patentable in accordance with Section 3 (2), the retroactive effect of the license rights legally ordered by the subsequent notifier and legally acquired by third parties, which have been in the patent register for one year, remain , and shall not be affected by any legally justified dispute resolution (§ 45), without prejudice to the replacement claims arising from the subsequent notifying party. "

15. § 49 (5) reads:

" (5) Instead of the withdrawal, the transfer of the patent can be sought after. If the right to transfer exists only in respect of a share, then the patent is to be transferred proportionally. If a transfer is not desired and the patent is fully recognized, the patent protection ends with the legal force of the decision which makes the withdrawal. If the transfer of the patent is sought, the patent proprietor may, up to the legal force of the decision, dispense with the patent only with the consent of the applicant. "

16. § 49 (6) deleted. The previous paragraph 7 of § 49 is given the title paragraph 6. In accordance with Article 49 (6), the following paragraph 7 is added:

" (7) The request for deprivation or transfer may also be filed before the patent is granted in respect of the patent application, the provisions of paragraphs 1 to 5 being applicable in the appropriate way. The application shall be negotiated in accordance with the procedural rules on the withdrawal of a patent. If the transfer of the patent application is sought, then the application procedure shall be suspended until the final decision on the application has been passed and may be continued only with the consent of the applicant. "

17. § 50 reads:

" § 50. The holder of a priority-older patent or a priority-older utility model within the meaning of the utility model law may apply to the Patent Office for the decision that the commercial use of a patented invention shall be the complete or partial use of his invention. Such a request shall be taken by the Patent Office in the procedure laid down for the challenge procedure. "

18. § 52 (1) reads:

' (1) If the duration of a period is not fixed by a law or by a regulation, it shall fix the authority, taking account of the requirements and the nature of the individual case, unless the President of the Patent Office Provisions relating to the extent of time limits (§ 99 (6) third sentence). "

19. § 57 (1) reads:

" (1) For the grant of patents, the revocation, the withdrawal, the annulment, the withdrawal, the declaration of dependence, the decision on the designation as the inventor (§ 20), on the existence of the pre-bencher's right (§ 23), on the granting of licences (§ 36), on requests for determination (§ 163) as well as service and information services in the field of industrial property protection (§ § 57a, 57b) and all entries in the patent register is the Patent Office responsible. "

Article 57b (2) is deleted. In the previous paragraph 1 of section 57b, the term para. 1 is deleted.

21. § 58 reads:

" § 58. (1) The Patent Office is a federal authority and has its seat in Vienna. It is the Austrian central authority for industrial property rights.

(2) The Patent Office shall consist of a President, a Vice-President responsible for the legal sector and a Vice-President responsible for technical matters, and the legal and technical members required for the performance of his duties and other employees.

(3) Without prejudice to the responsibilities of the Vice-Presidents, the President shall be responsible for the management of the Patent Office and, in addition, he shall be the Head (General Manager) of the part-legal area (§ § 58a and 58b).

(4) The right-wing members must have completed the university studies of the law. The technical members must have completed a university degree, which is the subject of an area of technology or the natural sciences. For the appointment of the members, the relevant provisions of the relevant provisions shall also apply.

(5) The Vice-Presidents shall have the formal qualifications required for Members of the Patent Office (the Technical Vice-President as a technical member, the right-handed Vice-President as a legal member), or have equivalent knowledge. "

22. § 58a (4) reads:

" (4) The Patent Office shall be entitled to cover the expenses, including the investments, necessary for the performance of its duties, from the assets and rights acquired in the context of its partial legal capacity. In addition, proceeds (profits) are to be deducted from the federal government after the formation of appropriate reserves. The Federal Government shall not be held liable for any liabilities arising from the activities of the Patent Office within the framework of its partial legal capacity. "

Section 58b (3) reads as follows:

" (3) On service contracts concluded by the Patent Office within the scope of its partial legal capacity, the Federal Act on Employment, BGBl, is the law of the Federal Government. No 292/1921. '

24. § 59 deleted.

25. § 60 reads:

" § 60. (1) The Patent Office shall consist of the departments designated for the performance of its duties and the necessary other organisational units.

(2) The number of departments and organisational units, their duties and their staffing shall be determined by the President according to the respective requirements.

(3) Without prejudice to the tasks assigned to these departments and organisational units in other legislation, the competent authority shall be:

a)			the Technical Department for the procedure for the grant of patents, the opposition procedure and the refund of written searches and opinions, the Legal Division for the procedure in matters relating to the transfer of the Right from the application, to other legal provisions relating to such a right, to granted patents or to requests for re-establishment to the previous stand, unless the Technical Department or the complaint-or the Nullity Division is responsible;
b)			the Appeal Division for the appeal proceedings (§ 70);
c)			The Invalidity Division for the proceedings relating to applications for withdrawal, annulment, withdrawal, declaration of dependence, nomination as an inventor in accordance with Section 20 (5), recognition of the rights of the pre-benet, the applications for applications and applications for the issuing of compulsory licences;
d)			the Presidential Department for the processing of the matters reserved to the President and of all matters not falling within the competence of another Division. "

26. § 61 reads:

" § 61. (1) The President shall divide the entire field of technology into patent classes and, if necessary, divide them further; he shall have the individual patent classes or subdivisions of the Technical Departments in accordance with the respective requirements. .

(2) Technical departments are members of the technical departments, in which legal departments are appointed to the right-handed members. Legal and technical members are to be appointed to the members of the complaint and the nullity department. The members of the technical departments and the legal departments may at the same time also be appointed to the complaint and nullity department.

(3) The President shall have a Management Board and a Board of Directors from the members of each Technical Department, Legal Division and Presidential Department, and from the members of the complaint and the nullity department, on the management and supervision of the business process. the number of chairpersons required, as well as dispositions for their deputiation.

(4) Each technical department shall be assigned a right-wing member for participation in its collegiate decisions or for the reimbursement of statements (§ 62 (4)). The same right-handed member may also be assigned to several technical departments.

(5) The division of business in the technical departments and the legal departments shall be determined by the management board of the respective department.

(6) In the complaint and in the Invalidity Division, the individual business cases shall be assigned to the Chairman by the President. The burden and the technical chairperson shall also be taken into consideration in the field of expertise which may be considered in individual cases. "

27. § 62 (3) and (4) reads as follows:

" (3) The Technical Department has to decide on the complete or partial refusal of an application pursuant to § 100 (1) and the objection by three members, under which two technical members must be located. The Senate has to belong to the board of the department and to the auditor. The Executive Board will chair the meeting.

(4) The right-handed member assigned to the Technical Department must participate in the decision-making referred to in paragraph 3 as the voting leader, or it has the examiner if the decision-making alone is due to him (paragraph 1). 1) to obtain the statement of the right-hand member in advance, provided that:

1.		is to be decided on patentability from the point of view of industrial applicability or on the basis of § 2,
2.		decide on priority rights (§ § 93 to 95), the legal conditions of which are doubtful or disputed,
3.		the witnesses or experts shall be heard or should be given an eye view,
4.		is to decide on a line of orders or mutwills. "

28. In accordance with § 62, the following § 62a is inserted:

" § 62a. (1) By means of a regulation of the President, staff members who are not members of the Patent Office may be authorised to obtain the kind of matters to be recorded in respect of notifications and patents granted, provided that this is due to: it is appropriate to ensure the simplicity of the errands and to guarantee the training of the authorised staff to ensure that they are properly carried out. They shall be bound by the instructions of the member responsible for the distribution of the business. This may be subject to exhaustion at any time or may be withdrawn.

(2) The decisions of the staff authorized pursuant to paragraph 1 may be appealed to as the competent Member. "

29. § 63 (2) reads:

"(2) The Chairmen of the Appeal Division must be legally competent, provided that they are to be decided on complaints against decisions of a right-wing member."

30. § 64 (2), (4) and (5) reads:

" (2) The decisions of the Patent Office shall be accompanied by reasons. If an application is accepted in full in the unilateral proceedings before the Technical Department or the Legal Division, the justification may be omitted. All experience has to be completed in writing and sent to all interested parties by the Office for the purpose of sending, telex, telefax or telefax. In the course of automation-supported data transmission or in any other technically possible way, written copies can then be transmitted if:

1.		the party has lawfully introduced inputs in the same manner and has not expressly objected to this type of transmission to the Authority; or
2.		the party of this type of transmission has expressly agreed. "

"(4) All the accusations of the Patent Office have to be issued under the name" Österreichisches Patentamt "with the addition of the respective department or organizational unit, in presidential matters with the designation" The President ". The written copies must be provided with the date and signed. Collegial decisions shall be signed by the Chairman. The signature may be replaced by the certification of the firm, that the copy is in conformity with the execution of the relevant piece of business and that the original document has the approval in the meaning of the third paragraph. The more detailed rules are laid down by Regulation.

(5) written copies, which are produced for automation purposes or which are transmitted by telegraphic, telex, telefax, data transmission supported by automation or in any other technically possible way, do not require either a signature or a certification. "

31. § 68 reads:

" § 68. The course of business shall be dealt with in greater detail by means of a regulation of the President of the Patent Office, taking account of an orderly and rapid procedure and taking into account the tasks assigned to the Patent Office. It is also necessary to determine how inputs can be introduced directly at the Patent Office and when they are deemed to have arrived at the Patent Office. The inputs shall be marked with the day of arrival. "

Section 69 reads as follows:

" § 69. An ordinary appeal is only admissible against the decisions of the President, to which the President is appointed under this Federal Act, if expressly provided for in this Federal Act. Section 2 (2) of the Act on the Law of the Law 1984, BGBl. No 29, it will not be touched. "

33. § 70 (2) and (5) reads:

" (2) An appeal to the Administrative Court shall not be held against the decisions (intermediate and final decisions) of the Appeal Division. The Board of Appeal's final decisions may be appealed to the Supreme Patent and Trademark Senate. "

" (5) Likewise, contrary to interim decisions of the Invalidity Division-dissent decisions are excluded-a separate appeal is not permissible, but the amendment of the preparatory provisions of the referent (paragraph 4) as well as the interim decisions of the Appeal Division or the Invalidity Division in the departments concerned are requested. "

34. The following heading is inserted before § 71:

"Complaint against decisions of the Technical Department and the Legal Department"

35. § 71 reads:

" § 71. (1) The appeal shall contain a reasoned request for appeal and shall be submitted to the Patent Office within two months of the date of notification of the decision.

(2) If the appeal proceedings are to be carried out with the counterparty, the copy of the notice of appeal and its supplements for each counterparty shall be the same as that for the Patent Office.

(3) Late complaints are to be rejected by the department responsible in the first instance. Late complaints against the decisions of the authorised staff member shall be rejected by the Member responsible. Disallowed complaints and complaints which do not comply with the other legal requirements are to be rejected by the Appeal Division without further proceedings; however, a complaint may only be rejected in the presence of defects. , after the complainant has been asked to remedy the deficiencies in a result-free way.

(4) The Division of First Instance, which has adopted the decision, may, within two months of its timely receipt, settle the complaint by appellant's decision. It may reject the appeal as inadmissible, repeal the decision taken by it or amend it in any direction. If the decision has been taken by the authorised staff member, the competent Member shall be responsible for the decision making the appeal.

(5) Each party may, within two weeks after the date of notification of the appeal decision, submit to the Division of First Instance the request that the appeal be submitted to the Appeal Division for a decision (submission of the request). The appellant's decision shall indicate the possibility of such a request for a preliminary ruling. The appeal decision shall not enter into force with the entry of the application for a preliminary ruling. The Division of First Instance has to inform the parties of the out-of-force steps of the decision of appeal. Late or inadmissible applications should be rejected.

(6) The submission of new facts and evidence in the appeal proceedings shall be admissible only for the support or the revocation of the facts and evidence presented in good time in the first instance; a restriction or clarification of the protection sought is therefore not excluded. The parties shall be given the opportunity to comment on the new facts brought forward and on the outcome of any new evidence of evidence. "

36. § 72 (1) and (2) reads:

" (1) In the case of complaints against decisions of the Technical Department, the Chairman of the Voting Leaders shall have a technical member, depending on whether they are mainly technical or legal questions for the decision, or, if he/she is is not self-righting to appoint the right-handed member to the speaker. In case of complaints against decisions of the Legal Department, the Chairman has to appoint a legal member to the Speakers.

(2) The speaker shall issue a copy of the notice of appeal, together with the supplements to the counterparty, with the request, within a period of not less than two months, the extension of which shall be granted in the event of the existence of any reasonable grounds for consideration, to give their appellant's appeal. The speaker shall also have the necessary provisions for decision-making or for oral proceedings, in particular on account of the need for further correspondence and the inclusion of the evidence provided by the parties. "

37. § 73 (4) reads:

" (4) The oral proceedings shall be recorded by a record guide. In addition to the information on the place, time and subject of the trial, the names of the members of the Senate, the author, the parties, their representatives, the witnesses to be heard and the experts, have a summary of the contents of the contents. and the course of the trial. The minutes are to be signed by the chairman and the secretary. In place of the confiscation of a written guide, the chairman of a record holder may be assisted, and the information referred to in the second sentence shall in any case be included in the record. A written transfer shall be made from the recording on the sound carrier. This Protocol shall only be signed by the Chairman. "

38. § 73 (7), the following paragraphs 8 and 9 are added:

" (8) The Fees Claims Act 1975, BGBl. No. 136, shall apply.

(9) In the appeal proceedings, the parties themselves shall bear the costs of the proceedings. "

39. § 74 (1), 3, 4, 10 and 11 reads as follows:

" (1) The Supreme Patent and Trademark Senate is an appeal court against the final decisions of the Invalidity Division of the Patent Office and appeal against the final decisions of the Appeal Division of the Patent Office. It shall consist of the President, the Vice-President, of at least eight other legal persons and the required number of technical members as councils. For the duration of their duties, they will be entitled "Council of the Supreme Patent and Trademark Council." "

" (3) The right-wing members must have completed the university studies in law and have pursued a profession for at least ten years for which the completion of this course of studies is required. In addition, they must have a scientific or practical activity in the field of industrial property rights. At least three members must be judges, at least three members right-handed federal staff of the Federal Ministry of Transport, Innovation and Technology, or right-wing members of the Patent Office.

(4) The technical members must have completed a university degree subject to an area of technology or natural sciences and have special knowledge of a particular field of technology, and the 30. They have completed their life year. "

" (10) The records are to be ordered by the Federal Minister of Transport, Innovation and Technology from the state of the Federal Officiaries of the higher service of this Federal Ministry or of the Patent Office.

(11) The President of the Supreme Patent and Trademark Council, in his capacity as head of that authority, is entitled to an annual operating fee of 300%, the Vice-President to the extent of 150% of the monthly salary of an active person. Federal officials of salary level 1 of service class IX of the General Administration. "

40. § 75 (1) reads:

" (1) The Supreme Patent and Trade Mark Senate negotiates and decides under the chairmanship of the President or, in the case of his prevention, the Vice-President in five senate members, consisting of the Chairman, two right-wing and there are two technical members. The Senate is to be composed by the chairman in such a way that they belong to a right-wing federal staff member and at least one judge. The Chairman has to appoint a Senate member to the speaker. The Chairman may, if necessary, appoint further members of the Senate to co-referents. "

41. § 76 (2) to (4) reads as follows:

" (2) Members of the Supreme Patent and Trademark Council are excluded from participation in the Supreme Patent and Trademark Senate in proceedings concerning complaints against decisions of the Appeal Division when they are involved in the decision-making process in the the technical department or the legal department.

(3) A member of the Patent Office or of the Supreme Patent and Trademark Council, which is deemed to be excluded from participation in a decision (paragraph 2). 1 and 2), this must be reported to the Board of Management or to the Chairman, stating the reasons. If the exclusion reason is deemed to have been given, the Commission shall have the necessary provisions for the recovery of a substitute member. If the board of directors or the chairman is affected by the exclusion reason, the advertisement in proceedings before the Patent Office shall be addressed to the President of this office, in the proceedings before the Supreme Patent and Trademark Senate, to the President of the President. If one of them is the chairman himself, the indication shall be refunded to his deputy.

(4) If a party is asserted by a party in proceedings before the Patent Office or before the Supreme Patent and Trademark Senate, the following shall be taken in accordance with the terms of paragraph 3. "

Section 76 (5) is deleted.

43. § 78 (2) reads:

" (2) The representation of a legal person by employees of another legal person who is economically connected shall not be regarded as an angular writing. Legal persons shall be treated as other entities with the exception of natural persons. '

44. The previous paragraph 2 of section 78 is given the title paragraph 3.

45. § 79 (1) reads:

" (1) The Patent Office shall issue a periodically appearing official patent document in which the notices provided for in this Federal Act and the regulations to be adopted by the President of the Patent Office are to be disclosed. These Regulations shall enter into force, unless expressly stated otherwise, on the day following the issue of the Patent Bulletin, which shall contain the text of the publication. "

46. § 80 (1) and (2) reads:

" (1) A patent register shall be held at the Patent Office. It shall contain the number, the title, the date of filing and, where appropriate, the priority of the patents granted and the name and place or place of residence of the patent proprietors and their representatives. The beginning, the erasure, the revocation, the withdrawal, the annulment, the withdrawal, the detach declaration, the designation as the inventor, the self-determination of an additional patent and the transfer of patents, pledge rights and other Rights to patents, rights of use, the right of use of the service provider, rights of use, reinstatement of rights, reinstatement of the rights of the service provider, decisions to be reinstated to the previous stand, decisions on the right to take a decision and notice of proceedings as well as information pursuant to Section 156 (2) are shall be entered.

(2) The descriptions and drawings belonging to the existing patents, as well as the applications and documents on which the registrations are based, shall be kept by the Patent Office during the upright patent order. "

47. § 81 (2) and (3) reads:

" (2) In the case of files relating to published patent applications and patents granted thereto, everyone shall be entitled to inspect the documents.

(3) Third parties are to be granted access only with the consent of the applicant in files relating to unpublished patent applications. The consent of the applicant to his patent application shall not be required by the applicant. After the publication of a separate application, anyone can inspect the files of the previous application without the consent of the applicant. "

48. § 81a reads:

" § 81a. (1) Prior to the date of publication of the application, any person entitled to the right of access to the file pursuant to Section 81 (3) shall be entitled to a sample of a micro-organism deposited in accordance with Article 87a (2) (1) (1). From the date of publication of the application, this claim shall be made by any person who makes a request. Access shall be made subject to paragraphs 2 and 3 by the publication of a sample of the deposited micro-organism to the applicant or to an independent expert.

(2) The publication shall only be effected if the applicant has been withdrawn or refused for the duration of the effect of the patent or until the application has been withdrawn or refused,

1.		to make no sample of the deposited micro-organism or of a material derived therefrom accessible to third parties; and
2.		no sample of the deposited micro-organism or any material derived therefrom to be used for experimental purposes,
unless the applicant or the proprietor of the patent expressly dispenses with such an obligation.

(3) Until the completion of the technical preparations for the publication of the application, the applicant may request that the access referred to in paragraph 1

1.		until the grant of the patent, or
2.		in the event of withdrawal or rejection of the application for a period of 20 years from the date of filing of the application
shall be produced only by issuing a sample to an independent expert.

(4) As an expert within the meaning of paragraph 3, the following may be appointed:

1.		any natural person, provided that the applicant proves that the nomination takes place with the consent of the applicant,
2.		any natural person who is recognised as an expert by the President of the Patent Office and entered in the list of experts held by the Patent Office.
The designation shall be subject to a declaration by the expert in which he shall enter into the obligations laid down in paragraph 2 above the applicant. "

49. § 82 (2) and (5) reads:

" (2) Persons who disturb the official act or who violate the state of decency by unfairly conduct are to be admonided. If the exhortation remains unsuccessful, the word may be withdrawn from them after the threat has been issued, its removal, and the appointment of an authorized representative to be ordered or a penalty of up to 726 euros being imposed on them. "

"(5) In the case of public bodies and against agents authorised to represent the party in question, if they are subject to disciplinary law, they shall not be punishable by a disciplinary penalty but shall be required to report to the disciplinary authority."

§ 83 reads:

" § 83. Persons who seem to claim the activity of the Patent Office or the Supreme Patent and Trademark Council seem willingly or in the intent of a disappearance of the matter make inaccurate claims may be subject to a penalty of consent of 726. The euro will be imposed. In proceedings in which the decision is due to a Senate, it has to decide on Mutwillenspenalties of the Senate. "

Section 84 (1) reads as follows:

" (1) The orders of orders and mutwills flow to the covenant. The provisions of the Administrative Criminal Law 1991, BGBl. No 52, on the enforcement of sentences, shall be applied mutatily. "

Section 87 (1) reads as follows:

"(1) The application for an invention for obtaining a patent has to be made in writing at the Patent Office."

53. § 87a (2) and (3) reads:

" (2) An invention relates to a micro-organism which is not accessible to the public and which can also not be described in the application in such a way that a person skilled in the art can carry out the invention thereafter, or does the invention involve the use of such a micro-organism. of such a micro-organism, the invention shall be deemed to have been disclosed in accordance with paragraph 1 only if:

1.		the micro-organism has been deposited, at the latest on the date of filing, with a deposit within the meaning of the Budapest Treaty,
2.		the application contains the relevant information which is known to the applicant in respect of the characteristics of the deposited micro-organism; and
3.		the filing office and the file number of the deposit are indicated in the application.

(3) The information referred to in paragraph 2 (2) (3) may be submitted either:

1.		within sixteen months of the filing date or, if a priority has been claimed, after the priority date, or
2.		up to the date of submission of an application for early publication of the application, or
3.		within one month after the Patent Office has informed the applicant that there is a right of access to the file pursuant to Section 81 (3),
where the relevant deadline is the first. "

Section 90 is deleted.

55. § 91 (3) reads:

" (3) Up to the version of the decision to grant (Section 101c (1)), the description, the claims, the drawings and the summary may be amended. Insofar as the amendments touch upon the essence of the invention, they shall be separated from the application and, if the applicant wishes to have the protection also obtained for them, shall be notified separately (Section 99 (5)). "

56. § 91a reads:

" § 91a. If parts of the application are drafted in English or French (Section 89 (2)), the applicant must be asked to submit a translation into German within the time limit provided for in § 99 (2). This translation shall be based on the notification procedure and its accuracy shall not be verified in the notification procedure. "

57. § § 92a and 92b are:

" § 92a. The applicant or proprietor of a granted patent or the respective legal successor may, during the entire application procedure and up to the expiry of a period

1.		from two months to the legal force of the decision with which the patent application was rejected, or
2.		of six months after the publication of the grant of the patent in accordance with Section 101c (2) if no objection has been filed, or
3.		from two months to the legal force of the decision on a timely appeal
Submit a separate application (divisional application). This divisional application shall be the filing date of the day on which the original application has been filed with the Patent Office if the applicant in the divisional application claims that day as the filing date and the divisional application does not cover the content of the previous application in the original version. "

" § 92b. The applicant may request the conversion of the application into a utility model application within the meaning of the utility model law up to the version of the grant decision (§ 101c para. 1) or the rejection decision (§ 100). This utility model application shall be the filing date of the day on which the patent application has been filed with the Patent Office. The conversion of a patent application is not permissible if it is a utility model application, which has been converted in accordance with § 21 of the Utility Model Act. "

Article 93 (1) reads as follows:

"(1) With the day of the proper filing of a patent, the applicant acquires the right of priority for his invention."

59. § 94 (2). In the previous paragraph 1 of § 94 the term "para. 1" is deleted.

Article 95 (2) reads as follows:

" (2) The declaration of priority shall be lodged with the Patent Office within two months of the date of the filing of the application. Within this period, the correction of the priority declaration may be requested. "

61. § 99 together with the title is:

" Legality Check

§ 99. (1) Each application shall be examined by the Patent Office by the Technical Department for legality, but it shall not, however, verify whether the applicant is entitled to grant the patent. The financial capacity of the invention is not to be assessed.

(2) In the event that the application does not meet the required formal requirements, the notifier shall be required to remedy the deficiencies within a specified period.

(3) If the examination is made, if necessary after the hearing of experts, that a patentable invention is not available, the applicant shall, after having been heard by the examiner, be asked to give the reasons, stating the reasons for his/her request. to submit their comments within a specified time limit.

(4) The examination that the application is not uniform (§ 88) shall be applied to the applicant to establish the uniformity within a specified time limit. At the request of the applicant in this case, it shall be established by decision that the application is non-uniform. If such a decision becomes final, the applicant must be given a further time limit for the production of uniformity.

(5) If the application has been amended inadmissible (Section 91 (3)), the applicant shall be required to excretion of the inadmissible amendments within a specified period. For the part to be issued, a separate application may be filed during the period referred to in § 92a, which shall be the filing date of the day on which the amendments to the Patent Office in the proceedings relating to the original application are submitted. have been announced.

(6) The time limits provided for in paragraphs 2 to 5 may be extended on request. The President of the Patent Office may establish guidelines on the principles of the examination and on the procedures to be followed by the Technical Department. In particular, it may determine the extent of the time limits to be fixed. In this connection, consideration should be given to the most rational and precise examination possible and to the uniform handling of applications by the Technical Department. "

62. § 100 reads:

" § 100. (1) In accordance with § 99, the examination shall be rejected, and the application shall be rejected. If these conditions are met only in part, then only the corresponding part of the application must be rejected.

(2) The application shall in any case be rejected entirely if one of the time limits granted in accordance with section 99 passes unused and does not arrive at an utterance up to the version of the refusing decision. "

63. § 101 with headline reads:

" Publication of the application

§ 101. (1) The application shall be published immediately after the expiry of eighteen months after the date of filing or, if a priority has been claimed, after the priority date, subject to § 101a. However, it may be published at the request of the declarant before the expiry of that period.

(2) The publication of the application shall have the description, the claims, the drawings and the summary in the version originally filed and as an annex a search report if it is before the conclusion of the technical Preparations for publication are available. The search report shall include the documents identified by the Patent Office at the time of preparation of the report, which may be considered in order to assess the patentability. The search report shall be based on the claims in its original version, in which case the second sentence of section 22a (1) and (3) is to be applied in the same way. If the search report has not been published with the application, it shall be published separately.

(3) Before the completion of the technical preparations for the publication of the application the claims have been changed, the last claims filed shall also be included in the publication.

(4) In the Patent Bulletin, the publication of the application, stating the name and place of residence or place of residence of the applicant, a brief description of the subject matter of the invention (title) and the day of the application, shall be noted (Notice of publication). of the application).

(5) The application gives the applicant the date of its publication in the Patent Bulletin (paragraph 1). 4) in some cases against the right to an equitable remuneration which has used the subject-matter of the notification without authorisation. § 154 shall be subject to the provision that this claim shall not be applicable before the end of a year following the publication of the grant (§ 101c para. 2). "

64. According to § 101, the following § 101a as well as the following § § 101b to 101d are inserted together with the headings:

" § 101a. (1) If the decision by which the patent has been granted is legally valid before the expiry of the period referred to in § 101 (1), the application shall be published simultaneously with the patent specification (Section 80 (4)). In this case, no publication of a search report shall be made.

(2) The notification shall not be published if it has been withdrawn or rejected for publication prior to the completion of the technical preparations. If the rejection decision is not legally binding, the application must also be published after the expiry of the time limit set out in § 101 (1).

(3) If a utility model application is converted into a patent application in accordance with § 21 of the Utility Model Law and a publication can no longer be published within the time limit specified in § 101 para. 1, then the application is also after To publish the expiry of this period.

(4) If a separate application can no longer be published within the time limit specified in § 101 (1), the application shall also be published after the expiry of this period.

Third party objections

§ 101b. (1) Following the publication of the application, any third party may object to the patentability of the notified invention. The objections must be justified. The third party does not have a party position in the proceedings before the Patent Office and does not have the right to cost compensation.

(2) The objections shall be communicated to the notifier who may comment on them.

Grant of the patent

§ 101c. (1) There are no objections to the grant and the publication fee has been paid for the patent specification, the Technical Department shall decide to grant the patent.

(2) The grant of the patent is to be published in the Patent Bulletin. At the same time, the patent specification is to be published (Section 80 (4)), the patent is to be entered in the patent register and the patent document is to be completed for the patent proprietor. With the notice in the patent publication, the legal effects of the patent are observed.

Notification of withdrawal or rejection of the application

§ 101d. (1) If the application is withdrawn after publication or if the patent application is rejected, this is also to be disclosed in the Patent Bulletin.

(2) With the publication of the withdrawal or rejection of the application, the effects of the temporary protection (Section 101 (5)) shall be deemed not to have occurred. "

§ 102 reads:

" § 102. (1) Within four months from the date of publication of the grant of the patent (Section 101c (2)), opposition may be filed against the grant of the patent. The objection must be received by the Patent Office at the latest on the last day of the period.

(2) The objection shall be submitted in writing in two copies. It can only be based on the following claims based on certain facts:

1.		that the subject-matter of the patent does not comply with § § 1 to 3;
2.		that the patent does not disclose the invention in such a clear and complete manner that a person skilled in the art can carry out the invention;
3.		the subject-matter of the patent goes beyond the content of the application in its originally filed version, which is the filing date;
4.		that the micro-organism deposited in accordance with Article 87a (2) (1) does not permanently either at the original deposit within the meaning of the Budapest Treaty or at another deposit point to which it has been forwarded under this Treaty is accessible, unless the patent proprietor points out:
a)			that it has re-deposited the micro-organism and that the deposit is to be treated in accordance with Article 4 of this Treaty, as if it were carried out on the day of the original deposit; or
b)			that it has been prevented from refiling such an event by an unforeseen or unwavable event and that it has recovered it within two months of the removal of the obstacle.

(3) A copy of the opposition is to be sent to the patent proprietor for the reimbursement of his written statement within a two-month period, which may be extended for reasons that are due to be reckless. "

66. § 103 (2) to (6) reads:

' (2) The Chairman may, if he deems it necessary in the individual case to take a decision on the objection, take an oral hearing at the request or on his own behalf. The trial is public. Section 119 (2) shall apply.

(3) The Chairman has to open the trial and be convinced of the identity of the published members, as well as to examine their party position and the possible power of representation. He shall conduct the trial in such a way as to ensure that the parties have the right to be heard, without any refusal of silence or divergences.

(4) The Chairman shall determine the order in which the parties are to be heard, to record the evidence and to present and discuss the results of earlier evidence or surveys recorded. The chairman or a certain senate member shall discuss the matter with the parties objectively and legally.

(5) The oral proceedings shall include a protocol. Section 73 (4) shall apply mutatily.

(6) The Fees Act 1975 shall apply. "

Section 104 reads as follows:

" § 104. (1) The Technical Department has to take a decision with free consideration of the facts and evidence available.

(2) Consultation and coordination of the Technical Department shall be carried out in a non-public session. Settings can be decided in writing in a circular path, unless one member contradicts. Section 117 of the first sentence shall apply mutatily.

(3) The speaker shall draw up the decision on the basis of the decisions taken. If he has remained in the minority with his view, he shall re-prepare the draft in agreement with the Member whose motion for a decision has been raised. However, the chairman may also entrust another member of the Senate with the drafting of the draft or individual parts thereof.

(4) The patent is to be revoked if the objection has success. If the objection has partial success, only the corresponding part of the patent is to be revoked. In all other cases, the opposition shall be dismissed. "

68. § 105 reads:

" § 105. The parties themselves shall bear the costs of the opposition proceedings themselves. "

69. § 106 together with the title shall be deleted.

70. § 107 with title reads:

" Announcement of the decision on the objection

§ 107. The complete or partial revocation of a patent is to be published in the Patent Bulletin. If the patent is only partially revoked, the Patent Office has to publish the changes. "

71. § 108 with headline reads:

" Effects of revocation

§ 108. The effects of the application and of the patent apply to the extent to which the patent is legally revoked, as from the beginning did not materiate. "

72. § § 109 and 111, together with the headings, are deleted.

73. § 112 (2) reads:

" (2) The applicant who does not have his residence in a State in which the decision which the applicant applies for the replacement of costs would be carried out by the defendant at his request for the costs of the procedure . This desire must be made within 14 days of the notification of the application, if the claim is to be lost in other cases. "

74. § 114 (3) reads:

"(3) If the application is directed against a number of patent proprietors, in addition to the copy designated for the patent office, a copy of the application together with the copies of the supplements shall be provided for each of the defendant's opponents."

§ 115 reads:

" § 115. (1) The Chairperson shall appoint a technical and legal member to be appointed to speakers.

(2) In so far as the application for the initiation of proceedings has been found to be appropriate, the right-handed speaker shall have a copy together with the copies of the supplements to the defendant with the invitation to submit, within a period of at least two months, period of time, the extension of which shall be granted by the speaker in the event of retroactive reasons, to make a written refund of his/her equivalent in two copies. "

76. According to § 115, the following § 115a together with the heading is inserted:

" Interruption on the basis of an opposition procedure

§ 115a. A pending procedure for the annulment of a patent shall be interrupted by its own motion if an opposition proceedings are pending or are pending. If the patent has not been revoked, the interrupted procedure shall be continued on request or on its own account after the final conclusion of the opposition proceedings has been completed. If the patent has been revoked, the procedure shall be stopped by its own motion. "

Section 119 (3) reads as follows:

" (3) The members of the Patent Office and the Supreme Patent and Trademark Council, as well as the Federal staff of the higher service of the Federal Ministry of Transport, Innovation and Technology, shall remain in spite of the exclusion of the public. "

Section 120 (4) and (5) reads as follows:

" (4) The Fees Act 1975 shall apply.

(5) The penalties to be imposed in accordance with § § 313, 326, 333 and 354 of the Code of Civil Procedure may not exceed 726 Euro. In the case of evidence during oral proceedings, the Senate's orders and mutwills are to be imposed by the senate in the preliminary proceedings (Section 116 (1)). Section 84 (1) and (3) shall apply. "

79. § 122 (1) reads:

"(1) The replacement of the costs of procedure and representation shall be subject to the appropriate application of § § 40 to 55 of the ZPO, subject to the provisions of section 2 and section 117."

80. § 125 (1) reads:

" (1) A protocol shall be recorded on all evidence in the preliminary proceedings and on the oral proceedings. The minutes are to be signed by the chairman or in the preliminary proceedings of the speaker carrying out the taking of evidence. In addition, § 73 (4) shall apply mutatily. "

81. The previous paragraph 2 of § 125 is deleted. The previous paragraph 3 of § 125 is given the title para. 2.

82. § 127 (1) and (4) reads:

" (1) If a patent has been wholly or partially revoked, withdrawn, annulled or dismissed, or a request for which the patent has been rejected in whole or in part, the closed procedure may be resumed at the request of one of the parties. ,

1.		if a document to which the decision is established is falsely produced or falsified;
2.		if a witness or expert has been found guilty of false testimony or of an opponent in his questioning of a false eider and the decision is based on that statement;
3.		if the decision has been taken by the representative of the party, its opponent or his representative following fraud in the course of the criminal proceedings;
4.		if a member who has been involved in the decision or in the previous decision taken in the decision is guilty of the dispute to the detriment of the party of a breach of his official duty to be subject to the criminal law ;
5.		if a criminal recognition on which the decision is based is annulled by another judgment which has become legally binding. "

" (4) In order to decide on the request for re-admission, that instance (technical department, department of appeal or nullity department of the Patent Office or Supreme Patent and Trademark Senate) is appointed, which has made the decision under appeal. If the request for re-admission is granted by the Supreme Patent and Trade Mark Senate, it shall at the same time determine whether the resumed procedure is to be carried out before it or in front of a sub-instance. "

83. § 128 reads:

" § 128. If the registration of the out-of-force setting of a patent is made in the patent register by the Patent Office, the Patent Office shall have the deletion of this registration to dispose of and make known the deletion after the determination of the person's reputation. In the meantime, the rights of third parties acquired in good faith shall remain in such a case as in the case of resumption. "

84. In accordance with § 128, the following § 128a together with the heading is inserted:

" Further processing of the application

§ 128a. If, after a period of grace granted by the Patent Office has been refused, the application has been refused, the applicant or his successor in legal proceedings may request the further processing of the application. The application must be submitted to the Patent Office within two months of the date of notification of the rejection decision. The missed action shall be collected within this period. The application shall be accepted only if the continuing treatment fee is paid. The rejection decision shall not be taken into account when the application for further treatment takes place. "

Article 129 (2) (2) (2) reads as follows:

" 2.		Due to the failure of the time limit for the opposition (section 102 (1)) and the time limit for the opponent's appeal (§ 71 (1), § 145a (2)). "

86. § 129 (2) (3) deleted.

Section 129 (3) reads as follows:

" (3) The time limit for the submission of a declaration of priority, its correction or the presentation of the priority documents (Section 95 (2) and (3)) shall only be allowed to be re-established in the previous stand if the application, without prejudice to the application for the application In accordance with § 131 applicable time limits, at the latest on the day before the publication of the grant of the patent (§ 101c para. 2) has arrived at the Patent Office. With the approval of the reinstatation, a decision of grant (§ 101c para. 1) or a rejection decision (§ 100) will be repeal. "

88. § 132 deleted.

Section 137 (2) reads as follows:

" (2) The Patent Office has to execute the entries and deletions necessary for the implementation of its final decisions and the decisions of the Supreme Patent and Trademark Council in the registers to be held by him on the basis of his own motion. In the case of collegial decisions of the Patent Office, the necessary injunctions of the Chairperson shall be required to take decisions of the Chief Patent and Trade Mark Senate of the Chairperson of the complaint or the nullity department. "

90. § 138 (2) reads:

" (2) The decisions and decisions taken by the Invalidity Division in the course of the preliminary proceedings or of the hearing shall not take place-except in the case of an interruption of decisions-a separate appeal shall not be held. They can only be appealed with the appeal to the Supreme Patent and Trademark Senate, provided that they have exercised an influence on the final decision (§ 70). "

Section 139 (2) and (3) reads as follows:

" (2) In the event of an appeal which has been handed down in good time, the right-handed speaker of the Annulment Department shall set a time limit for the appellant to improve the appeal. If the deficiencies are remedied within the time limit, the appeal shall be deemed to have been duly submitted.

(3) In the event of a delay, appointments or vocations which are not improved within the time limit laid down in paragraph 2 shall be rejected by the Invalidity Division. "

92. § 141 reads:

" § 141. If the appointment is fraught with defects which have not been objected to in accordance with Section 139 (2), the person concerned shall set a time-limit for improvement by the speaker. "

93. § 142 (1) (1) (1) reads:

" 1.		if the deficiencies of the appeal have not been remedied within the time limit laid down in Section 141; "

94. In accordance with § 145, the following § § 145a and 145b together with the headings are inserted:

" Complaint to the Supreme Patent and Trademark Senate against decisions of the Appeal Division

§ 145a. (1) The party, which is deemed to be complain of an end decision of the Appeal Division, is open to the Supreme Patent and Trademark Senate. The appeal shall have suspensive effect.

(2) The appeal shall be submitted to the Patent Office within two months from the date of notification of the decision of the Appeal Division. It shall contain a reasoned request for appeal. If the appeal procedure is to be carried out with the counterparty, the notice of appeal and its supplements shall be handed over in two copies. If the complaint is directed against a number of opponents, a copy and a copy of each supplement shall be handed over to each opponent in addition to the copy intended for the supreme patent and trademark senate.

(3) In all matters falling within the scope of action of the Patent Office, the Appeals Division is responsible for matters relating to the Supreme Patent and Trademark Senate. It shall take its decisions in a non-public session. These decisions shall be considered as final decisions.

(4) In the event that a complaint has been filed in good time, the speaker of the Appeal Division shall set a time limit for the complainant to improve. If the deficiencies are remedied within the time limit, the complaint shall be deemed to have been duly filed.

(5) Late complaints or complaints which are not improved within the time limit laid down in paragraph 4 shall be rejected by the Appeal Division. In all other cases, unless the appeal procedure is to be carried out unilaterally, the speaker has to deliver a copy of the appeal to the respondent with the notice that it is free to submit a complaint within two months. To submit a reply to the complaint.

(6) After a timely submission of the respondent's response or after a fruitless expiry of the two-month period, the files shall be submitted to the Supreme Patent and Trademark Senate.

Proceedings before the Supreme Patent and Trademark Senate in case of complaints

§ 145b. (1) Inadmissible complaints and complaints, which should have already been rejected by the Appeal Division, are to be rejected by the Supreme Patent and Trademark Senate without any further proceedings. In the event of defects, a complaint may not be dismissed until the complainant has been requested to remedy the deficiencies in a result-free way. The complainant is to set a deadline for improvement by the speaker.

(2) The Supreme Patent and Trademark Senate has no new evidence to record.

(3) The Supreme Patent and Trademark Senate shall decide on the appeal by decision in a non-public session without oral proceedings. However, the supreme patent and trade mark senate may, if it deems it necessary in the individual case to decide on the appeal, order an oral hearing on request or on its own behalf. For these, the provisions for the appointment procedure before the Supreme Patent and Trademark Senate apply analogously.

(4) The Supreme Patent and Trademark Senate has to decide on the matter itself. However, if he finds a breach of procedural rules or if he considers that the evidence is necessary, he shall refer the matter back to one of the sub-instances.

(5) In the preparation of its decision, the Supreme Patent and Trademark Senate may limit the reproduction of the party's presentation and the actual decision bases to what is required in order to understand its legal versions. If the Supreme Patent and Trademark Senate confirms the decision of the Appeal Division and considers that the decision is correct, it shall be sufficient if it indicates the correctness of the decision.

(6) In the appeal proceedings, the parties have to bear the costs of the proceedings themselves.

(7) Where there are no deviations from the provisions of paragraphs 1 to 6 and section 145a, the provisions relating to appeal shall also apply to the appeal. "

§ 148 reads as follows:

" § 148. (1) The patent infringer shall be obliged to remedy the state of the law which denies the law.

(2) The injured person may, in particular, require that at the expense of the infringer the infringing objects (engaging objects) be destroyed and that they serve exclusively or preferably for the production of patent-injient objects. Tools, devices and other aids (means of intervention) shall be rendered unusable for this purpose, insofar as this does not include the rights of third parties in rem in rem.

(3) In the case of the objects of intervention or the means of intervention referred to in paragraph 2, parts whose unchanged stock and their use by the defendant do not infringe the right of exclusion of the plaintiff, the court shall have those parts in which the person concerned has the right to To declare destruction or undue judgment. In the case of enforcement, these parts shall, in so far as it is possible, be excluded from destruction or unusable, if the pledge pays the costs associated with it in advance.

(4) If, in the course of the executive proceedings, it appears that the use of intervention funds would require greater costs than their destruction, and if they are not paid in advance by the pledge, the executive court, after the entry into force of the Parties to order the destruction of these engaging means.

(5) If the unlawful state can be disposed of in a manner other than that referred to in paragraph 2, which is not associated with any kind or with a lower value destruction, the injured person can only desire measures of this kind.

(6) Instead of the destruction of the objects of intervention or the unusable use of means of intervention, the injured person may require that the items of intervention or the means of intervention by their owner against an appropriate one, the production costs will be left to compensation not to exceed.

(7) The execution of the removal shall be accompanied, if necessary, by an expert in the name of the objects to be subjected to the execution. "

(96) § 150 (3) and (4) reads:

" (3) Irrespective of the proof of damage, the injured person may desire double the remuneration due to him pursuant to paragraph 1, provided that the patent infringement is based on gross negligence or intent.

(4) The injured person shall also be entitled to the appropriate compensation for the disadvantages which have not been caused by the culpable patent infringement, insofar as this is justified in the special circumstances of the case. "

97. In accordance with § 151, the following § 151a and heading is inserted:

" Information on origin and distribution

§ 151a. (1) Anyone who uses a patented invention without authorisation shall provide immediate information to the injured person on the origin and distribution path of the product in use, unless it is disproportionate in individual cases.

(2) The information provided pursuant to paragraph 1 shall provide information on the name and address of the manufacturer, supplier and other previous owner of the product, the commercial purchaser or the payer, and the quantity of the manufactured products, delivered, received or ordered products. "

Article 152 (2) and (3) reads as follows:

" (2) If the patent infringement, based on a right to a reasonable fee, is committed in the company of a company by a staff member or agent, the obligation to pay the remuneration (Section 150 (1)) shall be taken into consideration (§ 151) and for information (§ 151a) only the proprietor of the company, unless the proprietor neither knew nor gained an advantage from the patent infringement.

(3) If a patent infringement is committed in the operation of a company by a staff member or agent, the holder shall be liable, without prejudice to the liability of such persons, the proprietor of the company pursuant to § 150 para. 2 to 4, if the patent infringement is known to him. was or had to be known. "

99. § 154 reads:

" § 154. § 1489 ABGB applies to all claims in money (§ 150), the claim to accounting (§ 151) and the right to information (§ 151a). The limitation of all of these claims shall also be interrupted by the application for financial statements or a request for determination (§ 163). "

100. Section 156 (3) and (4) reads:

" (3) If a judgment depends on whether the patent is void (§ 48), the Court of First Instance has to examine this question independently for the time being. The Patent Office shall, at the request of the Court of First Instance, draw up a written opinion on whether the annulment of the patent is probable on the basis of the documents submitted in the judicial proceedings. If the Court of First Instance considers the patent's invalidity to be probable on the basis of the evidence procedure, it has to interrupt the proceedings. If the defendant does not show within one month from the date of service of the interruption decision that he has submitted an application for annulment at the Patent Office, that an annulment procedure between the disputed parts is already pending, or that he has joined such a procedure as a secondary intervener, the court shall continue the proceedings at the request of the plaintiff. In such a case, the Court of First Instance shall decide without regard to the objection of invalidity. However, it is necessary to take account of the decision of the Annulment Division, before the end of the oral proceedings.

(4) Where proceedings have been suspended in respect of an infringement action in accordance with paragraph 3, the defendant may, instead of proof that he has submitted an application for annulment, may already have submitted an application for annulment between the disputed parts of the dispute or that he has joined such proceedings as a secondary intervener, proof that he has lodged an objection against the patent. "

101. The previous paragraphs 4 and 5 of section 156 are given the terms par. 5 and 6.

102. Section 157 together with the heading is:

" Treatment of pre-judicial proceedings by the Patent Office and the Supreme Patent and Trademark Senate

§ 157. (1) Where an interruption decision (§ 156) is submitted in a declaration of invalidity, the following special features shall apply to the procedure from the date of submission of the decision:

1.		The procedure should be speeded up.
2.		The person who submits the interruption decision shall be immediately confirmed by the entry point on a semi-copy that he or she is pending proceedings before the Invalidity Division, that he or she is a secondary intervener in a pending trial. , or has submitted an interruption decision in respect of a pending procedure.
3.		The contraption (section 115 (2)) must be submitted within the inextensible period of one month.
4.		Evidence of claims which have not been submitted to the Patent Office at the latest two weeks prior to the oral proceedings and communicated to the opponent may only be recorded if the opponent does not object.
5.		The time limits for appeal (§ 138) and the appeal for appeal amount to one month and are inextensible.

(2) If an interruption decision (§ 156) is submitted in a proceedings on an objection, paragraph 1 shall apply mutatily. "

103. Section 158 and title reads as follows:

" Einstweiliger Schutz

§ 158. If, prior to the publication of the grant of the patent (Section 101c (2)), a claim is made in accordance with Article 101 (5) and the judgment depends on whether that claim is right, the Court of First Instance may take the proceedings until the notice is published. of the grant. The interrupted procedure shall be continued after publication of the grant at the request or on its own account. "

104. § 159 reads as follows:

" § 159. (1) Anyone who violates a patent shall be punished by the court with a fine of up to 360 days ' records. Those who commit the deed are punishable by imprisonment for up to two years.

(2) Likewise, the owner or manager of a company is to be punished, which does not prevent a patent infringement committed during the company's operation by a staff member or agent.

(3) If the proprietor of the undertaking referred to in paragraph 2 is a company, a cooperative, an association or another legal entity not belonging to the physical persons, paragraph 2 shall apply to the institutions if such a person is one of such persons. Have made omission guilty. For the financial penalties imposed on the institutions, the holder of the company shall be liable for undivided hand with the convicted person.

(4) (1) shall not apply to staff or agents who have carried out the act on behalf of their employer or contracting authority, provided that they have not been able to be appreated because of their economic dependence, the act of taking the action of these acts.

(5) The persecution shall only be carried out at the request of the injured person. "

105. § 160 reads:

" § 160. The provisions of the XXI shall apply in order to assert the claims in accordance with § 150. Main piece of the Criminal Procedure Code 1975, BGBl. No. 631. Both parts are entitled to appeal against the opposition to the claim for compensation. "

106. Section 161 reads as follows:

" Section 161. § 119 (2) and § § 148, 149 and 157 apply mutas to the criminal proceedings. Likewise, § 156 shall apply mutatis mutually, but with the proviso that the course of the monthly period of section 156 (3) begins with the notification of a request from the criminal court to the accused person, to certify that he has a patent office The application for annulment of an application for annulment of a declaration of invalidity between the parties to the dispute is already pending, that he or she has joined such proceedings as a secondary intervener or has lodged an opposition. If the accused does not bring the application for annulment or the opposition in good time, the court shall, if it considers the validity of the patent to be void, be responsible for the annulment of the application for annulment or the opposition. Parties to this procedure shall be the requesting court, the private prosecutor and the accused. The costs incurred in this process are the cost of the criminal proceedings. "

107. The V section is deleted.

108. The title of the VI. Section is:

" VI. TRANSITIONAL AND FINAL PROVISIONS "

109. § § 172b, 172c and 173a are no longer required.

110. § § 173 to 176, together with the headline, are:

" Transitional provisions

§ 173. (1) For patents and patent applications, the filing date of which is before the 1. January 1994 is in the assessment of the patentability § 2 Z 2, in the evaluation of the novelty § 3, as the annulment grounds § 48 para. 1 Z 2 as well as the ground of opposition § 102 para. 2 Z 2 in each case before the entry into force of the federal law BGBl. No 634/1994.

(2) For the duration and the erasal of patents based on patent applications filed before 1 December 1984, Article VI of the patent law-Novelle 1984, BGBl. No 234/1984, but the duration of these patents shall be at least 20 years from the date of filing of the application. To rights that are before the 1. January 1996 § § 24, 25 and 173 Z 3 are used by the army or monopoly administration on the basis of § § 24 and 25, in the first part of the year. Jänner 1996, which is in force.

§ 174. (1) For patents and patent applications, in respect of which the announcement decision before the in-force of the Federal Law BGBl. No 149/2004, § 4 (3), § 5 (1), § 20 (3), § 28 (2), § § 31, 32, 45 (1), § 52 (1), § 57 (1), § 60 (3) (lit). a to c, § 62 (3) and (4), § 80 (1), § 81 (2) and (3), § 91 (3), § 92a, 92b, 101, 102, 103 to 109, 111, 127 (1) and (4), § 128, 129 (3), § 156 (4) and (5), sections 157, 158 and 171 (1), (3) and (5) in the prior to the entry into force of the above mentioned Federal law in force.

(2) For patents and patent applications pursuant to paragraph 1, § 81a applies in the version of the Federal Law BGBl. No 149/2004, provided that the publication of the application is replaced by the notification of the application.

(3) For patent applications filed on the day of the In-Force meeting of the Federal Law BGBl. I No 149/2004 shall be deemed to have been withdrawn, but with respect to which the period of four months pursuant to section 99 (5) of the version in force before the entry into force of the aforementioned Federal Act has not yet expired, the legal sequence shall be: that the application shall be deemed to be withdrawn, unless the requirements laid down in § 99 (5) are met in the version prescribed before the entry into force of the aforementioned Federal Act.

(4) For patent applications, in respect of which those in § 99 paragraph 4 in the before the entry into force of the Federal Law BGBl. No 149/2004, the deadline of two weeks after the date of notification of the repellent decision has not expired before the date of entry into force of the said Federal Law, the statement may still be made until the expiry of the time limit. will be collected.

(5) Patent applications in respect of which the announcement decision prior to the entry into force of the Federal Law BGBl. I No 149/2004 shall be continued in accordance with the procedural provisions in force following the entry into force of the said Federal Law. The legal consequence of Section 99 (5) in the version in force before the entry into force of the aforementioned Federal Act does not occur if the time limit for the expression of the advance notice on the day of the entry into force of the aforementioned Federal Act has not yet expired. is. These patent applications are, if a publication can no longer be published within the time limit specified in Section 101 (1) in the version of the aforementioned Federal Law, also to be published after the expiry of this period.

(6) For the patent applications referred to in paragraph 5, if the claims in § 87a (3) (1) (1) as amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 149/2004, which had already expired on the date of the entry into force of the aforementioned Federal Law, the presentation of the information referred to in Article 87a (2) (3) of this Act until the completion of the technical preparatory work for the publication ,

(7) For the patent applications referred to in paragraph 5 above, in respect of which a deadline for the separate application in accordance with § 92a (1), (2), (3) or (4) in the before the entry into force of the Federal Law BGBl. No 149/2004, this time limit shall be deemed not to have been set and may be filed until the end of the time limit laid down in § 92a as amended by the said Federal Law.

(8) § 92b last sentence in the version of the Federal Law BGBl. I No 149/2004 shall not apply to applications for conversion submitted prior to the entry into force of the said Federal Law.

§ 175. (1) On prior to the entry into force of the Federal Law BGBl. Section 49 (5) to (7) shall continue to apply in the version in force before the entry into force of the aforementioned Federal Law.

(2) § § 145a and 145b in the version of the Federal Law BGBl. I No 149/2004 shall apply if the decision of the Appeal Division is taken in accordance with the day before the entry into force of the said Federal Law.

(3) On prior to the entry into force of the Federal Law BGBl. I n ° 149/2004, the cases brought to the public are subject to § 150 (3), § 156 (3) to (5) and § 161 in the version in force before the entry into force of the aforementioned Federal Act.

(4) A written authorisation pursuant to section 21 (1) of the Federal Law Gazette of the Federal Republic of Germany (BGBl). I No 149/2004 can only be used as a reference authority if it is submitted to the Patent Office after the entry into force of the above-mentioned Federal Law.

§ 176. (1) For patent applications which are before the entry into force of the Federal Law BGBl. I No 149/2004, § 94 (2) is to be applied in the version applicable before the entry into force of the aforementioned Federal Act.

(2) For applications submitted prior to the entry into force of the Federal Law BGBl. No 149/2004, § 95 (2), § 132 (1), (3) and (4), § 168 (1), (2) and (3) of the first, fourth and fifth sentences are to be applied further in the version in force before the entry into force of the aforementioned Federal Act.

(3) For annual fees, the due date of which is before the entry into force of the Federal Law BGBl. I No 149/2004, § 166 (2) to (10) is to be applied further in the version in force before the entry into force of the aforementioned Federal Act. This also applies to annual fees, the due date of which is after the entry into force of the aforementioned federal law, but which are already properly paid before the entry into force of the aforementioned federal law. "

111. § § 177 to 181 with headline are:

" Final Provisions

Section 177. Insofar as provisions of other federal laws are referred to in this Federal Act, these are to be applied, unless otherwise specified, in their respectively applicable version.

§ 178. For all personal names used in this Federal Act, the chosen form is valid for both sexes.

§ 179. With the enforcement of this federal law are entrusted:

1.		as regards Section 51 of the Federal Government,
2.		as regards Section 49 (4), § § 147 to 156, 158 to 162 and 165 of the Federal Minister of Justice,
3.		as regards Section 74 (2) and (3), in so far as it concerns the appointment of the judges, as well as with regard to Section 126 of the Federal Minister of Transport, Innovation and Technology and the Federal Minister for Justice,
4.		With regard to Section 57 (2) of the Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister for Foreign Affairs,
5.		in respect of all other provisions of this Federal Law of the Federal Ministers of Transport, Innovation and Technology.

§ 180. (1) § § 21, 60 (4) and (5), § 64 (3) and (4), § § 68, 78 (1), § § 79, 89 (1), § 90, 94 (2), § 99 (5), § 166 (3) and (4), § § 168, 169, 171 (2), the title of § 172a, § 172a, the title of the VI. Section as well as § 173 in the version of the Federal Law BGBl. No 418/1992 come to the proclamation of the Federal Law BGBl with the beginning of the fourth. No 418/1992 of the following month.

(2) § 167 shall enter into force at the end of the third party to the proclamation of the Federal Law BGBl. No 418/1992 of the following month.

(3) § 4 para. 3, § 21, § 48 paragraph 1 Z 2, § 50, § 77, § 81 para. 3, § 90, § 91a paragraph 1, the title of § 92b, § 92b, § 102 paragraph 2 Z 2 and 4 as well as § 102 paragraph 5 in the version of the Federal Law BGBl. No 212/1994 will enter into force on 1 April 1994.

(4) § § 22 and 28 (1), § § 36, 37 and 47 (1), § 80 (1), § 81 (7), § 110 and 112 (2), § 137 (2), § 155 and 166 (3), § 173 Z 2 to 7, and § 173a in the version of the Federal Law BGBl. No. 181/1996 are 1. Jänner 1996 in force.

(5) § § 24, § 29, the title of § 38, § § 38 to 42 and 47 (3), § 110 (2), the title of § 164 as well as § § 164, 172 and § 173 Z 3 occur with the expiry of the 31. Decembers 1995 out of force.

(6) § 3 (2), § 58 (2), § § 58a and 60 (3) (d), § 61 (6), § 62 (4) (3) to (5), § 64 (3) to (5), § 70 (5), § 81 (4), § 93a, 93b and 94 (1), § 95 (1), § 166 (1), § § 172b and 172c, as well as § 173 Z 2 in the version of the Federal Law BGBl. I n ° 175/1998 with the beginning of the second act on the proclamation of the Federal Law BGBl. I No 175/1998 the following month. At the same time, § 62 (4) (3) (3), as amended and § 110, together with the title, are repeal.

(7) § 36 (4) in the version of the Federal Law BGBl. I No 175/1998 occurs with 1. Jänner 1996 in force.

(8) § 78 (1), § 82 (2), § § 83, 120 (5), § 166 (1), (3) and (4) and § 168 (1), (3) and (4) in the version of the Federal Law BGBl. I n ° 143/2001 will be 1. Jänner 2002 in force.

(9) § 3 (4), § 5 (1), § 7 (1), § 20 (3) and 5, § 21 (1) and (2), § 22 (3) to (5), § § 22a, 28 (2), § 31, 32, 43 (5), § 45 (1), § 48 (1) Z 1, 3 and 4, § 48 (3), § 49 (5) to (7), § § 50, 52 (1), § 57 (1), § 57b, 58b. § § 71, § 71, 72 para. 2, § 73 para. 4, 8 and 9, § 74 para. 1, 4, 10 and 11, § 76 para. 2 to 4, § 78 para. 2 and 3, § 79 para. 1, § § 71, § 71, § 71, § § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71, § 71. § 81a, 82 (2) and (5), § § 83, 84 (1), § 87 (1), § 87a (2) and (3), § 91 (3), § § 91a, 92a, 92b, 93 (1), § § 94, 95 (2), the title of § 99, § 99, 100, the Title of § 101, § § 101b, § 101b, the title of § 101c, § 101c, the title of § 101d, § 101d, 102, 103 sec. 2 to 6, § § 104, 105, the title of § 107, § 107, the title of § 108, § § 108, 112 § § 115a, § 115a, § 115a, 120 Abs. 4 und 5, § 122 sec. 1, § § 125, 127 paragraphs 1 and 4, § 128, the title of § 128a, § 128a, 129 sec. 2 Z 2, § 129 paragraph 3, § 137 para. 2, § 138 para. 2, § 139 para. 2 and 3, § § § § § § § § § 138 (2) § § § 128a. 141, 142 (1), (1), the title of § 145a, § 145a, the title of § 145b, § § 145b, 148, 150 (3) and 4, the title of § 151a, § § § § § 151a 151a, 152 (2) and (3), § 154, 156 (3) to (6), the title of § 157, § 157, the title of § 158, § 158, 159, 160, 161, the title of the VI. Section, the title of § 173, § § 173 to 176, the title of § 177 and § § 177 to 179 in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the seventh month following the presentation of the Federal Law referred to above. At the same time, § 4 (3), § 49 (6), § 76 (5), § 90, the title of § 106, § 106, the title of § 109, § 109, the title of § 111, § 111, § 129 sec. 2 Z 3, § 132, of the V. Section, § § 172b, 172c and 173a in the current applicable Version out of force.

(10) § 21 (4) and (5), § § 58, 58a (4), § 60 (1) and (2), § § 61, 72 (1), § 74 (3), § 75 (1), § 115 (1), § 119 (3) and § 181 in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the day following the act of the Federal Law referred to above. At the same time, § § 59 and 60 (4) and (5) come out of force in the version currently in force.

§ 181. Regulations on the basis of this Federal Act, as amended, may already be issued from the day following the presentation of the Federal Act to be carried out; however, they must not be subject to the provisions of the law to be implemented enter into force. "

Article II

Amendment of the Patent Impact Assessment Act

The Patent Impact Introduction Act, BGBl. No 52/1979, as last amended by the Federal Law BGBl. I n ° 143/2001, shall be amended as follows:

1. § 1 Z 7 reads:

" 7.		"PatG" the patent law 1970, BGBl. No 259/1970, "

2. § 3 together with the title is:

" Information to the public

§ 3. (1) The European Patent Bulletin, the European patent applications published in accordance with Art. 93 EPC together with the translations thereof (§ 4 para. 2) and the European patent specifications are available in the Patent Office for general insight into the patent application. .

(2) The publication of published European patent applications and European patents shall lead to lists enabling rapid and reliable information to be provided to the public on these rights. "

3. § 4 reads:

" § 4. (1) The European patent application gives the applicant the right to an adequate remuneration from the date of its publication in accordance with Art. 93 EPC against the applicant, who has used the subject-matter of the application without authorisation. This claim shall not expire before the end of one year after the grant of the patent. The European application is not granted protection under Art. 64 EPC.

(2) If the European patent application has not been published in the German language, the claim pursuant to para. 1 shall not apply until the date on which a translation of the claims filed by the applicant to the German by the Patent Office shall be submitted by the Patent Office in accordance with Payment of the publication fee has been published and an indication of it has been published in the patent document or the user of the subject of the application has been sent. "

4. § 5 (1) and (3) reads:

" (1) If the European patent specification is not published in German, a translation shall be made at the Patent Office no later than three months after the publication of the mention of the grant of the European patent in the European Patent Bulletin to submit the patent to the German and to pay a publication fee. The translation shall be published by the Patent Office. "

" (3) Will the deadline (para. 1 and 2) for the submission of the required translation, if the payment of the publication fee is not duly substantiated or other formal deficiencies are not remedied within the time limit to be set up, the following shall apply: The effects of the European patent did not occur as from the outset. "

5. § 6 para. 2 reads:

" (2) The applicant of a European patent or the proprietor of a European patent may request the correction of the translation. It shall take effect on the date on which it has been published by the Patent Office after payment of the publication fee and an indication of this has been made known in the Patent Bulletin. "

6. Section 6 (3) and (4) are deleted. The previous paragraphs 5 and 6 of § 6 are given the terms (3) and (4).

7. § 8 with headline shall be deleted.

8. § 9 para. 2 Z 1 reads:

" 1.		the fee for the conversion to be paid and "

9. In accordance with § 9, the following § 9a and title shall be inserted:

" Claim for the grant of a European patent

§ 9a. For procedures in the sense of Art. 1 of the Recognition Protocol, BGBl. No. 350/1979, Austria is responsible for the Invalidity Division of the Patent Office. "

10. § 10 (1) reads as follows:

" (1) European patents may be granted in accordance with Art. 138 (1) (1) (1). a to d EPC, in § 48 sec. 1 Z 1 PatG in conjunction with § 3 paragraph 2 of the German Patent Act and in the grounds provided for in Article 48 (1) (4) of the German Patent Act annulled and from the grounds provided for in Art. 138 (1) (1) (lit). e EPC is to be dislocated. "

11. § 13 (3) deleted.

12. § 14a (2) reads:

" (2) The Fees Claims Act 1975, BGBl. No. 136, shall apply. "

13. § 15 reads:

" § 15. For applicants who are Austrian citizens or have their place of residence or registered office in the Republic of Austria, the Patent Office shall be the registration office within the meaning of Art. 10 PCT. Registrations are to be submitted in German, English or French. Priorities can also be claimed on the basis of registrations under the PatG or the GMG. "

14. § 16 reads:

" § 16. (1) The Patent Office shall be designated for international applications, unless the applicant has requested the grant of a European patent. If, on the basis of the international application, the grant of a patent and the registration of a utility model are requested, the requirements referred to in paragraphs 2 to 4, unless expressly stated otherwise, shall be both: in respect of the patent application as well as with regard to the utility model application.

(2) If the Patent Office is the office of destination, the applicant shall pay a fee for the initiation of the national phase within the time limit laid down in Article 22 PCT, if the Austrian Patent Office is not at the same time a signon office. If the application is not written in German, a translation into German must also be submitted within the same period. If, on the basis of the international application, the grant of a patent is requested, then a publication fee for the translation must also be paid within the same period.

(3) A decision on the further treatment of an international application pursuant to Art. 25 (2) (lit). a PCT is to be made by the Austrian Patent Office only if a fee for further processing is paid in due time and if necessary a translation of the international application into German is submitted.

(4) Where the payment of fees has not been duly substantiated in accordance with paragraphs 2 and 3, a reasonable grace period shall be established.

(5) If, in the case of an international application on the basis of which the grant of a patent is requested, the conditions set out in paragraphs 2 and 4 are fulfilled, a supplementary search report shall be drawn up by the Patent Office, which shall be published. "

15. § 17 (1), (3) and (4) reads:

" (1) In the international application, the Republic of Austria shall be notified in accordance with Article 31 (4) (4). a PCT as a State Party in which the applicant wishes to exploit the results of the international preliminary examination, and has not requested the grant of a European patent, the Patent Office shall be elected office, and paragraph 2 shall be found up to 4 applications. "

" (3) Examination reports which are not written in German, English or French are to be translated into the English language in accordance with Art. 36 (2) PCT.

(4) Section 16 (1), second sentence, (4) and (5) shall apply mutasensitily. "

16. § 19 together with the title shall be deleted.

17. § 20 together with the title is:

" Information to the public; rights from the international application

§ 20. (1) The sheet of the International Office of the World Intellectual Property Organization (Art. 55 (4) PCT) and the international applications published by the International Office of the World Intellectual Property Organization in accordance with Art. 21 PCT, together with the translations thereof, are to be viewed in the Patent Office for general inspection to be available.

(2) The publication of the international application for the grant of a patent by the International Office of the World Intellectual Property Organization shall have the same effect as the publication of an application in accordance with § § § § 2. 101 Patg. If the international application has not been published in German, the effects of Section 101 (5) of the Patent Act shall not occur until the date on which the conditions set out in Section 16 (2) have been fulfilled and which have been filed by the applicant. Translation of the international application into German by the Patent Office is published and a reference to it has been published in the Patent Bulletin.

(3) In the case of international applications, lists shall be provided to provide rapid and reliable information to the public on these notifications. "

18. § 22 together with the title shall be deleted.

19. § 23 (3) and (4) reads:

" (3) § 76 (1), (3) and (4) of the German Patent Act shall apply mutatily to the formalities examiners.

(4) The decisions of the formalities examiners may be challenged as those of the competent Member. "

The following paragraph 7 is added to Article 25 (6):

" (7) § 1 Z 7, the title of § 3, § 3, 4, 5 para. 1 and 3, § 6 para. 2 to 4, § 9 paragraph 2 Z 1, the title of § 9a, § § 9a, 10 para. 1, § 14a paragraph 2, § § 15, 16, 17 para. 1, 3 and 4, the title of § 20, § § 20, 23 para. 3 and 4 and § 26 para. 4 bis 6 in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the seventh month following the presentation of the Federal Law referred to above. At the same time, § 6 (3) and (4), the title of § 8, § 8, § 13 (3), the title of § 19, § 19, the title of § 22, § 22 and 26 (4), are repeal in the version currently in force. "

21. § 26 (4) deleted. The previous paragraph 5 of § 26 is given the title paragraph 4.

22. § 26 (4), the following paragraphs 5 and 6 are added:

" (5) For applications that are before the entry into force of the Federal Law BGBl. Article 13 (2), § 16 (2) and (3), § § 19 and 22 are to be applied further in the version applicable before the entry into force of the aforementioned Federal Act. § § 8 and 26 (4) are to be applied further in the version applicable before the entry into force of the aforementioned Federal Act, for renewal fees, the due date of which is before the entry into force of the Federal Act. This also applies to annual fees, the due date of which is after the entry into force of the aforementioned federal law, but which are already properly paid before the entry into force of the aforementioned federal law.

(6) § § 16, 17 (1), (3) and (4) and § 20 in the version of the Federal Law BGBl. I No 149/2004 should also apply to those applications in respect of which the initiation of the national phase has already been carried out before the entry into force of the above-mentioned Federal Law and, if the grant of a patent is requested, the Notice of announcement according to § 101 PatG in the version in force before the entry into force of the above-mentioned Federal Act has not been taken. However, the rights arising from an international application published pursuant to Art. 21 PCT, which arose in accordance with Section 20 (2) in the version in force before the entry into force of the aforementioned Federal Law, shall remain unaffected. "

Article III

Amendment of the Utility Model Law

The utility model law, BGBl. No 211/1994, as last amended by the Federal Law BGBl. I n ° 143/2001, shall be amended as follows:

1. § 4 (1) reads:

" (1) The utility model entitles the holder of the utility model to exclude others from producing, placing on the market, haggling or using the subject-matter of the invention or introducing or importing them for the said purposes or to: . In the case of a procedure, the effect shall also apply to the products directly produced by this method. "

2. In accordance with § 4, the following § 4a is inserted:

" § 4a. (1) The utility model shall also have the effect that it shall be prohibited to any third party, without the consent of the utility model holder, other than those entitled to use the invention protected as a utility model, means which are based on a person who is not entitled to use the Essential elements of the invention relate to the use or supply of the invention, if the third person knows or it is obvious on the basis of the circumstances that these means are suitable and intended for the use of the invention to be used.

(2) Paragraph 1 shall not apply if these means are generally commercially available products, unless the third party deliberately causes the delivery to act in a manner prohibited in accordance with Article 4 (1).

(3) Persons who do not carry out the acts referred to in § 4 (1) shall not be deemed to be persons who are entitled to use the invention in the sense of paragraph 1. "

3. § 8 (4) reads:

' (4) If the applicant, the utility model holder or the person who has already been appointed as the inventor, has the consent, the Patent Office shall, on application in accordance with the procedural rules for the annulment of the claim, have the right to be named as the inventor. decision. On the basis of the final decision to grant the application, the inventor is to be named in accordance with paragraph 1. "

4. § 14 (4) reads:

" (4) The parts of the application referred to in paragraph 1 (1) (4) to (7) of the application shall be submitted in two copies. They may also be written in English or in French. If parts of the application are drafted in English or French, the applicant must be asked to submit a translation into German within the time limit provided for in Article 18 (2) of the German law. This translation shall be based on the notification procedure and its accuracy shall not be verified in the notification procedure. "

Section 15a (1) reads as follows:

" (1) The applicant or proprietor of a patent registered or granted with effect for the Republic of Austria or of the respective legal successor may, for the same invention, during the entire application procedure and up to the end of a period of time

1.		of two months after the patent application is deemed to have been withdrawn, or
2.		from two months to the legal force of the decision with which the patent application was rejected, or
3.		of six months after the publication of the grant of the patent pursuant to Section 101c (2) of the Patent Law 1970, if no objection has been filed, or
4.		eleven months after the decision on the grant of the European patent has become effective, if no objection has been lodged, or
5.		from two months to the legal force of the decision on a timely appeal
Submit a utility model application and, as the filing date of the utility model application, claim the filing date of the patent application (branch declaration). Priority rights claimed for the patent application shall be maintained for the utility model application. "

6. § 16 (3) deleted.

7. § 17 (2) reads:

" (2) The declaration of priority shall be lodged with the Patent Office within two months of the date of the filing of the application. Within this period, the claimed priority may be rectified. "

8. § 18 (2) and (4) reads as follows:

" (2) The assessment of the legality of the publication and the registration of the utility model shall be subject to the request of the notifier to comply within a two-month period, which may be extended for reasons which are due to be reckless. . If, on the expiry of the period, the inadmissibility of the publication and registration is established, the notification shall be rejected. "

" (4) Within the period laid down in § 20, a separate application of the part no longer pursued in the original application (paragraph 1) shall be followed by a separate application. 3) and shall be claimed on the date of the filing date on which the original application has been filed with the Patent Office, the separate application shall be the filing date of that date. "

9. § 19 (3) and (5) reads as follows:

" (3) If the applicant does not submit a request for accelerated publication and registration (§ 27), the search report shall be sent to the applicant with the request to submit the report within a period of two months from the notification of the report. Publication fee to be paid and the payment duly proven. The time limit shall be extended on the basis of a reasoned request. "

" (5) The payment of the publication fee has not been duly substantiated (paragraph 2). 3) or are the amended claims (para. 4) A one-month period must be set for the applicant to remedy the deficiencies. If the deficiencies are not remedied within this period, the application shall be rejected. "

10. § 20 reads:

" § 20. The applicant or holder of a utility model or the respective legal successor may, during the entire application procedure and up to the end of a period of time,

1.		from two months to the legal force of the decision refusing the utility model application, or
2.		of two months after the publication of the utility model (§ 23)
Submit a separate application (divisional application). This divisional application shall be the filing date of the day on which the original application has been filed with the Patent Office if the applicant in the divisional application claims that day as the filing date and the divisional application does not cover the content of the previous application in the original version. "

11. § 21 reads:

" § 21. The applicant may apply for the conversion of the application into a patent application within the meaning of the Patent Act 1970 until the expiry of the period laid down in § 19 (3). This patent application shall be the filing date of the day on which the utility model application has been filed with the Patent Office. The conversion of a utility model application shall not be permitted if it is a patent application which has been converted in accordance with § 92b of the Patent Act. "

12. § 27 (1) reads:

" (1) The applicant may request the immediate publication and registration of the utility model, which is independent of the date of completion of the search report. This application may be filed until the day before the search report has been delivered. The application shall be accepted only if the payment of the publication fee and the surcharge for the accelerated publication and registration are duly substantiated. "

13. § 28 (1) (1) and (3) reads:

" 1.		the subject-matter of the utility model does not correspond to § § 1 to 3; "

" (3) By means of the final annulment, the effects of the utility model provided for in § § 4 and 4a shall apply to the extent to which the utility model is declared void, as from the beginning not occurred. However, if the subject-matter of the utility model was not eligible under Section 3 (2), this retroactive effect shall remain the rights legally ordered by the holder of the priority-recent utility model and acquired by third parties in reputable manner, which have been are registered in the utility model register for one year and are not affected by any legally justified dispute resolution (Section 32 (3)); this is without prejudice to the results of this action against the holder of the priority-younger utility model Replacement claims. "

14. § 29 (1) reads:

" (1) Who claims

1.		that instead of the utility model holder, he is entitled to use-pattern protection (§ 7), or
2.		that the essential content of the utility model has been taken from its descriptions, drawings, models, equipment or facilities or a method used by it without its consent,
may request that the utility model be removed from the utility model holder and that it be transferred to the applicant. If no transmission is desired, the utility model protection ends with the legal force of the decision making the superstitive decision. If the transfer of the utility model is desired, the utility model holder may, up to the legal force of the decision, dispense with the utility model only with the consent of the applicant. "

15. In accordance with § 29 (5), the following paragraph 6 is added:

"(6) § 49 (7) of the Patent Law 1970 is to be applied in a reasonable way."

16. § 33 (2) reads:

"(2) § § 51 to 56, 57 para. 2, § § 57b to 58b, 60 para. 1 and 2, § § 61, 64, 66 to 69, 76 to 79, 82 to 86, 126 to 137 of the Patent Law 1970 are to be applied in accordance with the relevant provisions."

17. In accordance with § 34, the following § 34a is inserted:

" § 34a. (1) By means of a Regulation of the President, staff members who are not members of the Patent Office may be authorized to take the form of matters to be designated in respect of notifications and registered utility models, as long as they are intended to be marked. this is appropriate because of the simplicity of the allegations and the training of the authorised staff is a guarantee of proper erasties. They shall be bound by the instructions of the member responsible for the distribution of the business. This may be subject to exhaustion at any time or may be withdrawn.

(2) The decisions of the staff authorized pursuant to paragraph 1 may be appealed to as the competent Member. "

18. The title before § 35 reads:

"Complaint against decisions of the Technical Department and the Legal Department"

19. § 35 (2) to (4) reads:

" (2) Complaints lodged in good time shall have suspensive effect. Late complaints shall be rejected by the competent Member. Inadmissible complaints and complaints which do not comply with the legal requirements are to be rejected by the Appeal Division without further proceedings; however, a complaint may not be dismissed in the presence of defects. after the complainant has been requested to remedy the deficiencies in a result-free way.

(3) The competent Member may make the complaint within two months of the date of its timely receipt by the decision of appeal. It may reject the appeal as inadmissible, repeal the decision adopted, or amend it in any direction.

(4) Each party may, within two weeks after the date of notification of the appeal decision, submit to the competent Member the request that the appeal be submitted to the Appeal Division for a decision (submission of the request). The appellant's decision shall indicate the possibility of such a request for a preliminary ruling. The appeal decision shall not enter into force with the entry of the application for a preliminary ruling. The competent Member shall inform the parties of the expiry of the appeal decision. Late or inadmissible claims are to be rejected. "

20. The previous paragraphs 3 to 5 of section 35 shall be given the names para. 5 to 7. The previous paragraphs 6 and 7 of § 35 are no longer required.

21. According to Article 35 (7), the following paragraphs 8 and 9 are added:

" (8) An appeal to the Administrative Court shall not take place against the decisions (intermediate and final decisions) of the Appeal Division. The Board of Appeal's final decisions may be appealed to the Supreme Patent and Trademark Senate. The amendment of preparatory decisions of the speaker and of interim decisions may be requested by the Appeal Division itself.

(9) § 71 (6) as well as § § 72 and 73 of the Patent Law 1970 are to be applied in a reasonable way. "

22. § 36 (2) reads:

"(2) For intermediate decisions in the Invalidity Division, the presence of three members shall suffice."

23. § 37 (2) and (3) reads:

" (2) Appeal cases brought up in time shall have suspensive effect. Late vocations or vocations which are not improved within the time limit set by the Invalidity Division shall be rejected by the Invalidity Division.

(3) Pre-orders and interim decisions of the Invalidity Division-except for interruptions of interruptions-may not be challenged by a separate appeal, but their amendment may be requested by the department itself. . With appeal to the Supreme Patent and Trademark Senate, they can only be appealed if they have influenced the final decision. "

24. According to § 37, the following § 37a is inserted:

" § 37a. (1) The party, which is deemed to be complain of an end decision of the Appeal Division, is open to the Supreme Patent and Trademark Senate. The appeal shall have suspensive effect.

(2) The appeal shall be submitted to the Patent Office within two months from the date of notification of the decision of the Appeal Division. It shall contain a reasoned request for appeal.

(3) In the event that a complaint has been filed in good time, the referent of the Appeal Division shall set a time limit for the complainant to be improved. If the deficiencies are remedied within the time limit, the complaint shall be deemed to have been duly filed. Late complaints or complaints which are not improved within the time limit laid down are to be rejected by the Appeal Division.

(4) § § 74, 75, 145a (3) and (6) and § 145b of the Patent Law 1970 shall apply in a reasonable way. "

Section 39 (1), (2), (4) and (5) reads as follows:

" (1) Anyone who intervenes in matters of utility model protection before the Patent Office or in front of the Supreme Patent and Trade Mark Senate as a representative must have domided or domicized domials domestic; for lawyers, patent attorneys and notaries shall, however, be subject to professional rules. The representative shall do so by means of a written authorisation to be presented in the original or in duly certified copy. If more than one person is authorized, each person alone shall be empowered to represent them.

(2) A lawyer, a patent attorney or a notary shall write, and the appointment shall be replaced by the authorization given to him by his/her official proof. "

" (4) Those who have neither domicipatory nor domicipatory domicions domesticate, can only assert rights under this Federal Act before the Patent Office and before the Supreme Patent and Trademark Senate if he is represented by a lawyer, patent attorney or notary. However, if the place of residence or establishment is located in the EEA, it is sufficient for the assertion of rights under this Federal Act to appoint a delivery representative domiced in the territory of the country. The appointment of a representative or a service representative is not required for the use of service and information services of the Patent Office.

(5) In addition to § 83c JN, the place where

1.		the representative has his or her domestic domiciate or his or her domestic establishment, or
2.		the appointing agent has his or her domestic residence, or
3.		in the absence of a representative with a domicical or domestic establishment or an authorised representative with a domestic residence, the place where the patent office is situated,
for matters relating to the utility model as the place of residence or establishment of a utility model holder who is neither domicated nor established domestiy. "

26. § 41 reads:

" § 41. Anyone who has been injured in his or her utility model shall be entitled to omission, disposal, publication of the judgment, appropriate remuneration, compensation for damages, publication of the profit, accounting and entitlement to information on the origin and the Distribution path; also who has to obtain such a breach shall be entitled to omission. § § 147 to 157 of the Patent Law 1970 are to be applied in a reasonable way. "

27. § 42 reads:

" § 42. (1) Anyone who violates a utility model shall be punished by the court with a fine of up to 360 days ' estits. Those who commit the deed are punishable by imprisonment for up to two years.

(2) Likewise, the owner or manager of a company shall be punished, who does not prevent a utility model injury committed during the company's operation by a staff member or agent.

(3) If the proprietor of the undertaking referred to in paragraph 2 is a company, a cooperative, an association or another legal entity not belonging to the physical persons, paragraph 2 shall apply to the institutions if such a person is one of such persons. Have made omission guilty. For the financial penalties imposed on the institutions, the holder of the company shall be liable for undivided hand with the convicted person.

(4) (1) shall not apply to staff or agents who have carried out the act on behalf of their employer or contracting authority, provided that they have not been able to be appreated because of their economic dependence, the act of taking the action of these acts.

(5) The persecution shall only be carried out at the request of the injured person.

(6) In the case of criminal proceedings, § § 160 and 161 of the Patent Act 1970 shall apply in accordance with the same meaning. "

28. VII and VIII. Section is omitted.

29. The title of the IX. Section is:

" IX. TRANSITIONAL AND FINAL PROVISIONS "

30. After the title of the IX. Section 51a, together with the heading, shall be inserted:

" Transitional provisions

§ 51a. (1) In the case of utility model applications, Section 15a (1) Z 3 is used in the before the entry into force of the Federal Law BGBl. I n ° 149/2004, if the application for which the filing date is claimed to continue to apply Section 107 of the Patent Law 1970 in the version in force before the entry into force of the aforementioned Federal Law is.

(2) § 21 last sentence in the version of the Federal Law BGBl. I No 149/2004 shall not apply to applications for conversion submitted prior to the entry into force of the said Federal Law.

(3) A written authorisation pursuant to § 39 (1) in the version of the Federal Law BGBl. I No 149/2004 can only be used as a reference authority if it is submitted to the Patent Office after the entry into force of the above-mentioned Federal Law.

(4) § 37a in the version of the Federal Law BGBl. I No 149/2004 shall apply if the decision of the Appeal Division is taken in accordance with the day before the entry into force of the said Federal Law.

(5) On prior to the entry into force of the Federal Law BGBl. Article 150 (3), Section 156 (3) to (5) and Section 161 of the Patent Act 1970 in the version in force before the entry into force of the aforementioned Federal Act shall be applied in accordance with the provisions of Section 150 (3) of the Act.

(6) For applications that are prior to the entry into force of the Federal Law BGBl. Article 16 (3) of this Act is to be applied further in the version applicable before the entry into force of the aforementioned Federal Act. In the case of publication fees, which are requested before the entry into force of the aforementioned federal law pursuant to section 19 (3), § 46 para. 2 is to be applied further in the version in force before the entry into force of the aforementioned federal law.

(7) For applications submitted prior to the entry into force of the Federal Law BGBl. Article 17 (2), § 46 (3) and § 48 (1), 2 and 3, first sentence, shall be applied further in the version in force before the entry into force of the aforementioned Federal Act. § 132 (1) and (3) of the Patent Act 1970 shall be applied in the version in force before the entry into force of the aforementioned federal law for applications submitted before the entry into force of the aforementioned federal law.

(8) For annual fees, the due date of which is before the entry into force of the Federal Law BGBl. I n ° 149/2004, § 47 is to be applied further in the version in force before the entry into force of the aforementioned Federal Act. This also applies to annual fees, the due date of which is after the entry into force of the aforementioned federal law, but which are already properly paid before the entry into force of the aforementioned federal law. "

31. The following heading is inserted before § 52:

"Final Provisions"

32. In accordance with § 53 (4), the following paragraphs 5 and 6 are added:

" (5) § 4 (1), § 4a, 8 (4), § 14 (4), § 15a (1), § 17 (2), § 18 (2) and (4), § 19 (3) and (5), § § 20, 21, 27 (1), § 28 (1) Z 1 and (3), § 29 (1) and (6), § 33 (2), § 34a, the title of § 35, § 35 (2) to (9), § 36 (2) (3) and § § 35 (2). 2, § 37 (2) and (3), § § 37a, 39 (1) and (2), § § 41, 42, the title of the IX. Section, the heading of § 51a, § 51a, the title of § 52 and § 54 in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the seventh month following the presentation of the Federal Law referred to above. At the same time, Section 16 (3), section 35 (6) and (7), VII. and VIII. Section in the version currently in force but not force.

(6) § 39 (4) and (5) in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the day following the presentation of the said Federal Law. "

33. § 54 reads:

" § 54. With the enforcement of this federal law are entrusted:

1.		as regards Section 29 (4), § § 41 to 44 in conjunction with § § 147 to 156 and § § 160 and 161 of the Patent Law 1970 of the Federal Minister of Justice,
2.		as regards Section 33 (2) in conjunction with Section 51 of the Patent Law 1970, the Federal Government,
3.		as regards Section 33 (2) in conjunction with Section 57 (2) of the Patent Law 1970 of the Federal Minister of Transport, Innovation and Technology in agreement with the Federal Minister for Foreign Affairs,
4.		as regards Section 33 (2) in conjunction with Section 126 of the Patent Law 1970 as well as in connection with Section 37 (4) and Article 37a (4) respectively in conjunction with Section 74 (2) and (3) of the Patent Law 1970, insofar as it concerns the appointment of the judges, the Federal Minister for Transport, Innovation and Technology and the Federal Minister for Justice,
5.		in respect of all other provisions of this Federal Law of the Federal Ministers for Transport, Innovation and Technology. "

Article IV

Amendment of the Protection Certificate Act 1996

The Protection Certificate Act 1996, BGBl. I n ° 11/1997, as last amended by the Federal Law BGBl. I n ° 143/2001, shall be amended as follows:

1. § 2 (1) reads:

"(1) The application for a supplementary protection certificate has to be made in writing at the Patent Office."

2. § 4 together with the title shall be deleted.

3. § 5 (2) reads:

" (2) The annulment of a protection certificate on the basis of the deletion of the basic patent before the end of the statutory maximum period or of the complete revocation or the complete annulment of the basic patent determines the decision of the In the absence of an oral hearing, either on request or on its own account, a non-judicial member shall be required to do so. "

4. § 6 para. 2 reads:

" (2) The erasure, the withdrawal, the annulment, the withdrawal, the declarations of dependency and the transfer of the protection certificate, denominations as inventors, licences, pleas and other rights in rem in the protection certificate, Rights of pre-use, interim use rights, reinstatations to the previous stand, decisions of the arrest, dispute resolution and references to pursuant to § 7 in a reasonable application of Section 156 (2) of the Patent Law 1970, BGBl. No 259, delivered verdicts as well as the erasure, revocation, withdrawal, annulment and withdrawal of the basic patent shall also be entered in the register. "

5. § 7 reads:

" § 7. Supplementary protection certificates and procedures relating to these protection certificates, which have been notified and issued, are complementary to the provisions of Regulations of the European Community on the creation of supplementary protection certificates and of this Federal law § § 8 to 11, 14 to 27, 30 to 45, 46 para. 2 and 3, § § 47, 48 para. 2 and 3, § § 49 to 57, 57b to 61, 62 para. 1, 2 and 7, § § 62a, 63, 64, 66 to 79, 80 para. 2, § § 81 to 86, 92, 112 to 165, 173, 175, 178 and 179 of the Patent Act 1970 "

6. § 10 reads:

" § 10. The Federal Minister for Transport, Innovation and Technology is responsible for the enforcement of this Federal Law, unless otherwise specified in § 7 in conjunction with Section 179 of the Patent Law 1970. "

7. In accordance with § 10, the following § 10a is inserted:

" § 10a. (1) For applications that are before the entry into force of the Federal Law BGBl. I n ° 149/2004, § 2 para. 1 is to be applied further in the version in force before the entry into force of the aforementioned federal law.

(2) For applications submitted prior to the entry into force of the Federal Law BGBl. I n ° 149/2004, § 132 (1) and (3) and § 168 (1), (2) and (3), first sentence of the Patent Act 1970 shall be applied in accordance with the wording in force before the entry into force of the aforementioned Federal Act. In the case of redeployment applications filed before the entry into force of the aforementioned Federal Law, § 7 of the final half-sentence shall be applied in the version valid before the entry into force of the aforementioned Federal Act.

(3) For renewal fees, the due date of which is prior to the entry into force of the aforementioned Federal Act, § 4 and § 11 para. 2 are to be applied further in the version in force before the entry into force of the aforementioned Federal Act. This also applies to annual fees, the due date of which is after the entry into force of the aforementioned federal law, but which are already properly paid before the entry into force of the aforementioned federal law. "

8. § 11 (2) shall be deleted. The previous paragraph 3 of § 11 is given the title paragraph 2. According to § 11 paragraph 2, the following paragraph 3 is added:

" (3) § 2 para. 1, § 5 para. 2, § 6 para. 2, § § 7, 10 and 10a in the version of the BGBl. I No 149/2004 shall enter into force at the beginning of the seventh month following the presentation of the Federal Law referred to above. At the same time, the heading of § 4 and § 4 will be repeal. "

Article V

Amendment of the Semiconductor Protection Act

The Semiconductor Protection Act-HlSchG, BGBl. No 372/1988, as last amended by the Federal Law Gazette (BGBl). I n ° 143/2001, shall be amended as follows:

1. § 9 (3). The previous paragraph 4 of § 9 is given the title paragraph 3.

Section 10 (1) reads as follows:

"(1) In the event that the application meets the requirements of § 9 and the regulation based thereon and the application fee has been paid, the semiconductor protection right shall be entered in the semiconductor protection register conducted by the Patent Office without further examination."

3. § 14 (3) and (4) reads:

" (3) Instead of the withdrawal, the applicant may, if he can claim the claim to semiconductor protection (§ 5), desire the transfer of the semiconductor protection law to his/her person. If the claim for transmission exists only with respect to a proportion, then the semiconductor protection right is to be transmitted proportionally. If no transmission is desired and the semiconductor protection law is completely unrecognized, the semiconductor protection law ends with the legal force of the decision which makes the aberdetection. If the transfer of the semiconductor protection law is sought, the holder of the semiconductor protection law can only dispense with the semiconductor protection right up to the legal force of the decision with the consent of the applicant only.

(4) § 49 (7) of the Patent Law 1970 is to be applied in a reasonable way. "

4. § 16 (4) to (7) reads:

" (4) By means of a regulation of the President, officials who are not members of the Patent Office may be empowered to be concerned by the type of matters to be identified in respect of notifications and granted semiconductor protection rights; provided that this is appropriate in view of the simplicity of the allegations and that the training of the authorised staff provides a guarantee for the proper implementation of the contract. They shall be bound by the instructions of the member responsible for the distribution of the business. This may be subject to exhaustion at any time or may be withdrawn.

(5) The decisions of the staff authorized pursuant to paragraph 4 may be contested as those of the competent Member.

(6) The Board of Appeal and the Invalidity Division shall decide by three members, one of which shall be chaired. At least one member must be right-wing.

(7) § § § 58 to 61 and 74 to 76 of the Patent Law 1970 are to be applied. "

5. § 17 reads:

" § 17. § § 52 to 56, 64, 66 to 73, 77 to 79, 82 to 86, 112 to 126, 127 para. 1, 2, 4 and 5, § 128, first sentence, § § 128a to 145b of the Patent Act 1970 shall apply mutafiaccordingly to the proceedings. "

6. § 21 (1) reads:

" (1) Anyone who has been infringed in his/her semiconductor protection law (§ 6) may, in accordance with § § 147 to 154 of the Patent Act 1970, be subject to omission, removal, publication of the judgment, adequate remuneration, compensation for damages, publication of the Profit, fair compensation, on accounting and information about the origin and distribution of the product. In case of omission and publication of the judgment, the person who has to obtain such a breach can also complain. "

7. § 22 reads:

" § 22. (1) Anyone who violates a semiconductor protection law (§ 6) shall be punished by the court with a fine of up to 360 days ' records. Those who commit the deed are punishable by imprisonment for up to two years.

(2) Likewise, the owner or manager of a company shall be punished, which does not prevent a breach of a semiconductor protection law committed during the company's operation by a staff member or agent.

(3) If the proprietor of the undertaking referred to in paragraph 2 is a company, a cooperative, an association or another legal entity not belonging to the physical persons, paragraph 2 shall apply to the institutions if such a person is one of such persons. Have made omission guilty. For the financial penalties imposed on the institutions, the holder of the company shall be liable for undivided hand with the convicted person.

(4) (1) shall not apply to staff or agents who have carried out the act on behalf of their employer or contracting authority, provided that they have not been able to be appreated because of their economic dependence, the act of taking the action of these acts.

(5) The persecution shall only be carried out at the request of the injured person.

(6) In the case of criminal proceedings, § § 160 and 161 of the Patent Act 1970 shall apply in accordance with the same meaning. "

8. § 25 with headline shall be deleted.

9. In accordance with § 26, the following § § 26a and 26b and the heading are inserted:

" § 26a. For all personal names used in this Federal Act, the chosen form is valid for both sexes.

Transitional provisions

§ 26b. (1) On prior to the entry into force of the Federal Law BGBl. Article 14 (3) and (4) shall continue to be applied in the version in force before the entry into force of the aforementioned Federal Law.

(2) § § 145a and 145b of the Patent Law 1970 in the version of the Federal Law BGBl. I No 149/2004 shall apply mutatily if the decision of the Appeal Division is taken in accordance with the day before the entry into force of the said Federal Law.

(3) On prior to the entry into force of the Federal Law BGBl. I n ° 149/2004 may be applied in accordance with § 150 (3), § 156 and § 161 of the Patent Law 1970 in the version in force before the entry into force of the aforementioned Federal Act.

(4) For applications submitted prior to the entry into force of the Federal Law BGBl. I n ° 149/2004, § 9 para. 3 is to be applied further in the version in force before the entry into force of the aforementioned federal law. § 132 (1) and (3) and § 168 (1), (2) and (3), first sentence, of the Patent Act 1970 in the version prior to the entry into force of the aforementioned Federal Law are valid for applications submitted before the entry into force of the aforementioned Federal Law continue to apply. For applications for redeployment filed before the entry into force of the aforementioned Federal Act, § 17 of the last half sentence shall be applied in the version in force before the entry into force of the aforementioned Federal Law. "

10. According to Article 27 (3), the following paragraph 4 is inserted:

" (4) § 9 para. 3, § 10 para. 1, § 14 para. 3 and 4, § 16 para. 4 to 7, § § 17, 21 para. 1, § § 22, 26a, the title of § 26b, § § 26b and 28 Z 1 and 2 in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the seventh month following the presentation of the Federal Law referred to above. At the same time, Section 9 (3), the title of § 25, § § 25 and 28 (1) (1), shall be repeal in the version currently in force. "

11. § 28 Z 1 is deleted. The previous Z 2 and 3 of § 28 are given the designations Z 1 and 2.

Article VI

Amendment of the Model Protection Act 1990

The Model Protection Act 1990, BGBl. No. 497, as last amended by the Federal Law BGBl. I No 81/2003, shall be amended as follows:

1. § 20 (2) reads:

" (2) The declaration of priority shall be lodged with the Patent Office within two months of the date of the filing of the application. Within this period, the claimed priority may be rectified. "

2. § 25 (3) reads:

" (3) The claim shall be statute-barred to the good-faith master-holder within three years from the date of its registration in the sample register. § 49 (4), (6) and (7) of the Patent Law 1970 shall apply mutatily. "

Section 26 (2) reads as follows:

"(2) Sections 52 to 56, 57 (2), § 57b, 58, 58a, 58b, 60, 61, 64, 66 to 69, 76 (1), (3) and (4), § § 79, 82 to 86 and 126 to 137 of the Patent Law 1970 shall apply mutafictily."

4. § 27 together with the title is:

" Authorised Staff

§ 27. (1) By means of a regulation of the President, staff members who are not members of the Patent Office may be authorized to take care of the nature of matters to be identified by the Legal Division, provided that this is due to the simplicity of the The training of the authorised staff is appropriate and guarantees that it is properly executed. They shall be bound by the instructions of the competent member of the Legal Division. This may be subject to exhaustion at any time or may be withdrawn.

(2) § 76 (1), (3) and (4) of the Patent Law 1970 shall apply mutatily to the authorized staff.

(3) The decisions of the staff authorized pursuant to paragraph 1 may be appealed as those of the competent Member. "

5. § 28 (1) to (4) reads:

" (1) The decisions of the Legal Division may be appealed with a complaint. The appeal shall contain a reasoned request for appeal and shall be submitted to the Patent Office within two months of the date of notification of the decision.

(2) Complaints lodged in good time shall have suspensive effect. Late complaints shall be rejected by the competent Member. Inadmissible complaints and complaints which do not comply with the legal requirements are to be rejected by the Appeal Division without further proceedings; however, a complaint may not be dismissed in the presence of defects. after the complainant has been requested to remedy the deficiencies in a result-free way.

(3) The competent Member may make the complaint within two months of the date of its timely receipt by the decision of appeal. It may reject the appeal as inadmissible, repeal the decision adopted, or amend it in any direction.

(4) Each party may, within two weeks after the date of notification of the appeal decision, submit to the competent Member the request that the appeal be submitted to the Appeal Division for a decision (submission of the request). The appellant's decision shall indicate the possibility of such a request for a preliminary ruling. The appeal decision shall not enter into force with the entry of the application for a preliminary ruling. The Member responsible shall inform the parties of the out-of-force decision of the appellant's decision. Late or inadmissible claims are to be rejected. "

6. The previous paragraphs 3 and 4 of section 28 shall be given the designations (5) and (6). The previous paragraph 5 is deleted.

7. In accordance with § 28 (6), the following paragraph 7 is added:

"(7) In addition, § 71 (6) and § § 72 and 73 of the Patent Act 1970 are to be applied in accordance with the applicable law."

8. § 30 para. 2, 4 and 5 reads:

" (2) Appeal cases brought up in time shall have suspensive effect. Late vocations or vocations which are not improved within the time limit set by the Invalidity Division shall be rejected by the Invalidity Division. "

" (4) Pre-orders and interim decisions of the Invalidity Division-except for interruptions of interruptions-cannot be challenged by a separate appeal, but their amendment may be requested by the department itself. . With appeal to the Supreme Patent and Trademark Senate, they can only be appealed if they have influenced the final decision.

(5) In addition, § 74, insofar as it relates to the Supreme Patent and Trademark Senate as an appellate instance, and § 75 para. 2, § 138 (4), § 139 (1), 2, 4 and 5 as well as § § 140 to 145 of the Patent Act 1970 are to be applied in a reasonable way. "

Section 32 (2) reads as follows:

"(2) A lawyer, a patent attorney or a notary, shall be replaced by the appointment to the authorized representative of the attorney, who shall be entitled to prove his/her official proof."

§ 34 reads:

" § 34. Anyone who has been injured in his model right shall be entitled to omission, disposal, publication of the judgment, adequate remuneration, compensation for damages, publication of the profit, accounting and entitlement to information on the origin and the Sales channel. Whoever has to obtain such a breach shall be entitled to omission. § § 147 to 154 of the Patent Law 1970 apply analogously. "

11. § 35 reads:

" § 35. (1) Anyone who violates a model right shall be punished by the court with a fine of up to 360 days ' records. Those who commit the deed are punishable by imprisonment for up to two years.

(2) Likewise, the owner or manager of a company shall be punished, which does not prevent a sample infringement committed during the company's operation by a staff member or agent.

(3) If the proprietor of the undertaking referred to in paragraph 2 is a company, a cooperative, an association or another legal entity not belonging to the physical persons, paragraph 2 shall apply to the institutions if such a person is one of such persons. Have made omission guilty. For the financial penalties imposed on the institutions, the holder of the company shall be liable for undivided hand with the convicted person.

(4) (1) shall not apply to staff or agents who have carried out the act on behalf of their employer or contracting authority, provided that they have not been able to be appreated because of their economic dependence, the act of taking the action of these acts.

(5) The persecution shall only be carried out at the request of the injured person.

(6) In the case of criminal proceedings, § § 148, 149 and 160 of the Patent Act 1970 shall apply in accordance with the same meaning. "

12. The VI. Section is omitted.

13. The title of the VIII. Section is:

" VIII. TRANSITIONAL AND FINAL PROVISIONS "

14. Under the heading of VIII. Section shall be inserted in the following heading:

"Transitional provisions"

15. The former § 46a is given the title § 44c and is inserted after the above heading.

16. According to § 44c, the following § 44d is inserted:

" § 44d. (1) On prior to the entry into force of the Federal Law BGBl. No 149/2004 may be applied in accordance with Section 150 (3) of the Patent Law 1970 in the version in force before the entry into force of the aforementioned Federal Law.

(2) For applications that are before the entry into force of the Federal Law BGBl. I n ° 149/2004, § 40 is to be applied in the version in force before the entry into force of the aforementioned Federal Act.

(3) For applications submitted prior to the entry into force of the Federal Law BGBl. I n ° 149/2004, the first sentence of Section 42 (1), (2) and (3) shall be applied further in the version in force before the entry into force of the aforementioned Federal Law. § 132 (1) and (3) of the Patent Act 1970 in the version applicable before the entry into force of the aforementioned Federal Law is further valid for applications for redeployment which are filed before the entry into force of the aforementioned federal law. ,

(4) For samples whose term of protection is prior to the entry into force of the Federal Law BGBl. I n ° 149/2004, § 41 shall continue to be applied in the version in force before the entry into force of the aforementioned Federal Law. This also applies to patterns whose term of protection ends after the entry into force of the aforementioned federal law, but for which the renewal fee is paid properly even before the entry into force of the above-mentioned Federal Act. "

17. The following heading is inserted before § 45:

"Final Provisions"

18. In accordance with § 45, the following § 45a is inserted:

" § 45a. In all personal terms used in this Federal Act, the chosen form shall apply to both sexes. "

19. In accordance with § 46 (7), the following paragraph 8 is added:

" (8) § 20 para. 2, § 25 para. 3, § 26 para. 2, the title of § 27, § § 27, 28 para. 1 to 7, § 30 para. 2, 4 and 5, § 32 para. 2, § § 34, 35, the title of the VIII. Section, the heading of § 44c, § § 44c, 44d, the title of § 45, § § 45a and 47 Z 3 in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the seventh month following the presentation of the Federal Law referred to above. At the same time, Section 28 (5), the VI. Section and § 47, Z 3, in the version currently in force. "

20. § 47 Z 3 is deleted. The previous Z 4 of § 47 is given the designation Z 3.

Article VII

Amendment of the Trademark Protection Act 1970

The trademark protection law 1970, BGBl. N ° 260, as last amended by the Federal Law BGBl. I n ° 143/2001, shall be amended as follows:

1. § 18 is deleted.

2. § 19 reads:

" § 19. The trademark law is created with the date of registration in the trademark register (registration). The term of protection shall end ten years after the end of the month in which the mark has been registered. It can be extended again and again by ten years due to the timely payment of a renewal fee. The new term of protection shall be calculated without regard to the date of renewal from the end of the immediately preceding term of protection. "

Section 20 (2) reads as follows:

" (2) In the event of such an examination that there are concerns about the admissibility of the registration of the trade mark, the notifier shall be asked to submit its observations within a specified period. If the inadmissibility of the registration is determined after the expiry of the time limit or after the expiry of the period, the trademark application shall be dismissed by decision. If there is no obstacle to registration, the mark shall be registered after the examination for similarity (§ 21) and after the deposit of the prescribed fees. "

4. § 22 (3) and (4) deleted.

Section 24 (3) reads as follows:

" (3) The declaration of priority shall be made within two months of the date of the filing of the application at the Patent Office. Within this period, the correction of the priority declaration may be requested. "

6. § 27 (3) reads:

" (3) The right of priority is expressly to be used. The exhibition and the date of introduction of the goods marked with the mark are to be referred to in the exhibition space (priority declaration). The provisions of Section 24 (3) shall apply mutatily. "

7. § 28 (4) deleted. The previous paragraphs 5 and 6 of section 28 are given the names para. 4 and 5.

8. § 35 (4) reads:

"(4) The decisions of the staff authorized pursuant to paragraph 3 may be appealed as those of the competent Member."

Section 38 (2) reads as follows:

" (2) The preparatory injunctions of the speaker and the intermediate decisions-the interruption decisions of the nullity department are excluded-cannot be challenged by a separate appeal, but their amendment may be applied to the shall be applied for. "

10. § 39 (1) and (2) reads:

" (1) Against the final decisions of the Invalidity Division, the appeal to the Supreme Patent and Trademark Senate is open as a supreme authority. § 74 of the Patent Law 1970 is to be applied in a reasonable way insofar as it relates to the Supreme Patent and Trademark Senate as Appellate Body.

(2) The Supreme Patent and Trade Mark Senate negotiates and decides under the chairmanship of the President or, in the case of his prevention, of the Vice-President in five senate members consisting of the Chairman, three right-wing Members (Section 74 (3) of the Patent Act 1970) and a technical member (Section 74 (4) of the Patent Law 1970) are in existence. The Senate is to be composed by the chairman in such a way that they belong to a right-wing federal staff member and at least one judge. The Chairman has to appoint a Senate member to the speaker. The Chairman may, if necessary, appoint further members of the Senate to co-referents. "

11. § 40 deleted. Section 41 (4) reads as follows:

"(4) The provisions of Section 76 (3) and (4) of the Patent Law 1970 shall apply mutatily."

12. § 42 (1) and (2) reads:

§ § 52 to 56, 57b, 64, 66 to 69, 70 (4), § § 71 to 73, 79, 82 to 86, 112 to 126, 127 (1), 2, 4 and 5, § 128, first sentence, § 128a to 133 (2), § § 134, 135, 137 to 145 and 165 of the Patent Law 1970 mutatily.

(2) The publications provided for in Section 17 (5), § 28 (5) and § 29 (2) shall be published in the Austrian Trademark Gazette. The approval of the reinstatation is to be made available in the Austrian Trademark Gazette, if it restores the trademark law. "

13. § 54 (2) and (3) reads:

" (2) If the trademark infringement, which is based on reasonable remuneration, is committed in the company of a company by a staff member or agent, the obligation to pay the remuneration (§ 53 (1)) shall apply (§ 53), for accounting (§ 55) and for information (§ 55a) only the proprietor of the company, unless the proprietor neither knew nor gained an advantage from the trademark infringement.

(3) If a trademark infringement is committed in the operation of a company by a staff member or agent, this shall be without prejudice to the liability of such persons, the proprietor of the company pursuant to § 53 (2) to (4) if he is aware of the trademark infringement. was or had to be known. "

14. In accordance with § 55, the following § 55a is inserted:

" § 55a. (1) Any person who violates the powers conferred on the proprietor of a trade mark shall, on request, provide the injured person with immediate information on the origin and distribution path of objects which have been unlawfully marked, unless this is done in the Individual cases are disproportionate.

(2) The information provided pursuant to paragraph 1 shall provide information on the name and address of the manufacturer, supplier and other previous owner of the product, the commercial purchaser or the payer, and the quantity of the manufactured products, delivered, received or ordered items. "

15. § 63 (2). In the previous paragraph 1 of section 63, the term para. 1 is deleted.

16. § 65 reads:

" § 65. Trade marks can only be transferred to associations within the meaning of Section 62 (1) or (2). The rewriting application must be accompanied by the statutes of the new owner. § 63 shall apply mutasensitily. "

17. The title of the VII. Section and § 68 are:

" VII. Section

Geographical indications and designations of origin laid down in Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 327, 31.12.1992, p. No. OJ L 208 of 24 July 1992 p. 1, as last amended by Regulation (EC) No 692/2003, OJ L 245, 29.9.2003, p. No. OJ L 99 of 17 April 2003 p. 1

§ 68. Applications for the registration and deletion of a geographical indication or designation of origin in the list of protected designations of origin and protected geographical indications kept by the Commission of the European Communities as well as supplements, must be submitted to the Patent Office in triplicate.

(2) By means of a regulation of the President of the Patent Office, the form and content of the application can be regulated in more detail. In the case of the release of this Regulation, consideration shall be given to the requirements of publication of the application to the greatest possible expediency and simplicity and, with the exception of applications for the deletion of a geographical indication or designation of origin, to the requirements of the publication of the application. .

(3) In the event that the application does not meet the required requirements, the applicant shall be asked to remedy the deficiencies within a certain time-limit which may be extended upon request. Non-improved applications are to be rejected by decision.

(4) Unless otherwise provided in this Section, the other provisions of this Federal Law shall apply mutatily to the procedures provided for in this Section. "

18. § 68c reads:

" § 68c. Applications for amendment of the specification must be submitted to the Patent Office. § 68 (2), (3) and (4) as well as § § 68a and 68b are to be applied in a reasonable way. "

19. § 68f (4) reads:

" (4) If a staff member or agent has carried out one of the acts referred to in paragraph 1 during the operation of a company, the proprietor of the undertaking may, without prejudice to any liability of such persons, be liable to compensation for damages under reasonable conditions. Application of Section 53 (2) and (4) and of the accounts shall be used if he or she was aware of or had to be aware of the infringement. "

20. § 68g para. 2 reads:

" (2) In addition, § 55a and § 119 (2) (exclusion of the public), § 149 (judgment of the judgment), § 151 (accounting) and § 154 (statute of limitations) of the Patent Law 1970 are to be applied to the civil-judicial infringement proceedings pursuant to this section "

21. § 69b para. 2 Z 1 reads:

" 1.		to pay the fees to be paid for a national application, "
22.		The XI.section is omitted.

23. In accordance with § 77, the following § 77a is inserted:

" § 77a. (1) On the decisions of the authorized staff who are before the entry into force of the Federal Law BGBl. No 149/2004, section 35 (4) shall be applied further in the version in force before the entry into force of the aforementioned Federal Law.

(2) For applications that are before the entry into force of the Federal Law BGBl. Article 18 (1) and Article 63 (2) of the above-mentioned Bundesgesetz (Bundesgesetz) are subject to the provisions of Article 18 (1) and Article 63 (2) of the above-mentioned Federal Act. Federal law in force. § 18 (2) and (3) and section 63 (2) of the German Federal Act (Bundesgesetz), which are applicable before the entry into force of the aforementioned Federal Act, are applicable for the duration of the fee and the costs of the fees paid before the entry into force of the Federal Act. To be used.

(3) For applications submitted prior to the entry into force of the Federal Law BGBl. Article 18 (4), Section 22 (3) and (4), Section 24 (3), § 28 (4), § 40 (1) and 2 (first sentence), § 68 (2) and (5) and 69b (2) Z 1 in the version in force prior to the entry into force of the above-mentioned Federal Act are to be submitted. , § 132 (1) and (3) of the Patent Act 1970 and section 42 (1) of the final half-sentence in prior to the entry into force of the aforementioned federal law are for applications for re-application submitted before the entry into force of the aforementioned Federal Law shall continue to apply.

(4) For trademarks whose term of protection is prior to the entry into force of the Federal Law BGBl. I n ° 149/2004, § 19 (2) and (3) and section 63 (2) are to be applied further in the version in force before the entry into force of the aforementioned Federal Act. This also applies to brands whose term of protection ends after the entry into force of the aforementioned federal law, but for which the renewal fee is paid properly even before the entry into force of the above-mentioned Federal Act. "

24. § 80 Z 4 is deleted. The previous Z 5 of § 80 is given the designation Z 4.

25. In accordance with § 81 (5), the following paragraphs 6 and 7 are added:

" (6) § 19, § 20 sec. 2, § 24 para. 3, § 27 para. 3, § 28 para. 4 and 5, § 35 para. 4, § 38 para. 2, § 39 para. 1, § 41 para. 4, § 42 para. 1 and 2, § 54 para. 2 and 3, § § 55a, 63, 65, the title of the VII. Section, § § 68, 68c, 68f (4), § 68g para. 2, § 69b paragraph 2 Z 1, § § 77a and 80 Z 4 in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the seventh month following the presentation of the Federal Law referred to above. At the same time, § § 18, 22 (3) and (4), § 28 (4), § 40, of the XI. Section and § 80 Z 4 in the version currently in force but not force.

(7) § 39 (2) in the version of the Federal Law BGBl. I No 149/2004 shall enter into force at the beginning of the day following the presentation of the said Federal Law. "

Article VIII

Federal Law on the Fees and Charges to be paid in the area of the Patent Office (Patent Office Fee Act-PAG)

table of contents

Type/Clause	Object/Label
1. Main item Objective and definitions
§ § 1, 2	Objective and definitions
2. Main piece Fees Section 1 National patent applications and patents
§ § 3-5	Registration and search fees, publication fees, opposition fee
§ 6	Annual fees
§ 7	Fee waiving and fee waiving
Section 2 Patent applications and patents under the EPC
§ 8	Publication fees
§ 9	Annual fees to be paid to the Patent Office
§ 10	Other procedural fees
Section 3 Notifications due to PCT
§ § 11, 12	Fees payable to the Patent Office as registration office, office of destination and selected office
§ 13	Fees for international research and international preliminary examination
Section 4 Research and expert opinions
§ 14	Research and expert opinions
Section 5 Utility model applications and utility models
§ 15	Registration fee, publication fee, surcharge
§ 16	Annual fees
6. Certificates of protection certificates and protection certificates
§ 17	Registration fee
§ 18	Annual fees
Section 7 Semiconductor protection rights
§ 19	Registration fee
8. Section Pattern logins and patterns
§ 20	Fees to be paid for registration
Section 21	Renewal fees
Section 9 National trademark applications and trademarks
Section 22	Fees to be paid for registration
Section 23	Fees to be paid for registration
§ 24	Renewal fees
Section 10 International trademark applications
Section 25	Domestic Fee
11. Geographical indications and designations of origin
Section 26	Application fee
12. Common provisions
§ 27	Entitlement to pay, calculate and repay fees
§ 28	Procedural fees
§ 29	Special charges
§ 30	Type of fee payment
Section 31	Change in scale of charges
Section 32	Publication fees
3. Main piece Charges
§ 33	Charges for service and information services of the Patent Office
Section 34	Information about the similarity of brands
4. Main piece Transitional and final provisions
§ § 35-37	Transitional provisions
§ § 38-41	Final provisions

1. Main item

Objective and definitions

§ 1. This federal law regulates the fees and charges that apply with regard to the 1970 patent law, BGBl. No 259, the Patent Compatible Introductory Act, BGBl. No. 52/1979, the Utility Model Law, BGBl. No 211/1994, the Protection Certificate Act 1996, BGBl. I n ° 11/1997, the Semiconductor Protection Act, BGBl. No 372/1988, the Model Protection Act 1990, BGBl. No. 497, and the Brand Protection Act 1970, BGBl. No. 260, to be paid to the Patent Office.

§ 2. In this federal law,

1.		national patent applications: applications filed with the Patent Office and sought for patent protection under the Patent Act 1970;
2.		national patents: patents granted by the Patent Office;
3.		The EPC: the European Patent Convention, BGBl. No 350/1979;
4.		European patents: patents granted to the Republic of Austria as a designated Contracting State under the EPC;
5.		PCT: the Treaty on International Cooperation in the Field of Patent Cooperation, BGBl. No. 1979/348;
6.		international applications: applications made pursuant to the PCT, in which the Republic of Austria is designated as a Contracting State in which protection is sought for the invention on the basis of the international application;
7.		Research and expert opinion: the research and expert reports cited in § 57a of the Patent Law 1970;
8.		national trademark applications: trademark applications filed with the Patent Office and sought for trademark protection in accordance with the trademark protection law in 1970;
9.		national brands: trademarks registered by the Patent Office;
10.		international trademark applications: applications for international registration of a trademark under the Madrid Agreement on the international registration of trademarks, BGBl. N ° 400/1973, and the Protocol to the Madrid Agreement on the International Registration of Marches, BGBl. III No 32/1999;
11.		Geographical indications and designations of origin: geographical indications and designations of origin laid down in Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, OJ L 206, 22.7.1992.. No. OJ L 208 of 24 July 1992 p. 1, as last amended by Regulation (EC) No 692/2003, OJ L 327, 31.12.2003, p. OJ L 99 of 17 April 2003 p. 1.

2. Main piece

Fees

Section 1

National patent applications and patents

Registration and search fees, publication fees, opposition fee

§ 3. For the registration of a patent a registration and search fee of 50 euros as well as a publication fee of 130 euros are to be paid.

§ 4. A publication fee shall be charged for the publication of the patent. The fee is 200 Euro and in addition, depending on the number of pages for the publication, from the 16. Page for 15 pages 130 Euro each.

§ 5. A fee of EUR 150 must be paid for the opposition to the grant of the patent.

Annual fees

§ 6. (1) For each patent, annual fees shall be payable for the third and each additional year from the last day of the month in which the filing date falls. If the publication of the grant of the patent is made only after the expiry of two years, calculated from the last day of the month in which the filing date falls, then the annual fees shall be payable only for the years following the notice of the grant.

(2) The annual fee shall be:

		for the third year							70 Euro,
		for the fourth year							150 Euro,
		for the fifth year							150 Euro,
		for the sixth year							150 Euro,
		for the seventh year							270 Euro,
		for the eighth year							270 Euro,
		for the ninth year							270 Euro,
		for the tenth year							500 Euro,
		for the eleventh year							500 Euro,
		for the twelfth year							500 Euro,
		for the thirteenth year							850 Euro,
		for the fourteenth year							850 Euro,
		for the fifteenth year							850 Euro,
		for the sixteenth year							EUR 1 400,
		for the seventeenth year							EUR 1 400,
		for the eighteenth year							EUR 1 400,
		for the nineteenth year							EUR 1 400,
		for the twentieth year							1 400 Euro.

(3) For additional patents which are not declared to be self-employed, the annual fee shall be paid for the entire period of validity and is 370 euros.

(4) The renewal fees shall be due in each case for the coming year on the last day of the month, which shall be the same as the month in which the filing date falls. The annual fees may be paid at the earliest three months prior to their due date. They shall be paid at the latest within six months of their due date. A supplement of 20 vH of the annual fee must be paid in addition to the annual fee for each payment on the basis of the due date. The surcharge shall not be charged at the first annual fee payable to the Patent Office.

Fee waiving and fee waiving

§ 7. (1) The President of the Patent Office shall, upon request, charge the application and search fees, the publication fees and the first three renewal fees due after the publication of the grant of the patent, or only individual of those fees. until the end of the payment period for the second, third or fourth renewal fees due after the publication of the grant, if the applicant proves his or her lack of funds or if there is a notification which: evidently the extraction or saving of energy has the objective. In these cases, the granting of a patent to the application must not appear to be hopeless. The fees charged shall be issued if the patent comes into effect before the expiry of the time limit. If the fees charged are not paid within the time limit, the patent shall expire at the end of that year of the term ending before the date of expiry of the time limit. These provisions shall also apply to the registration and search fee, the publication fees and the renewal fee for additional patents.

(2) In assessing the lack of funds of the applicant, account should be taken of the income he or she is referring to, his assets and the burden on his/her property, and the number of persons to whom he has to provide maintenance.

(3) The beneficiaries shall not be subject to the legal successor of the beneficiary. In the case of a majority of patent applications, the benefits may only be granted if the conditions are met by all the parties concerned.

Section 2

Patent applications and patents under the EPC

Publication fees

§ 8. For each of the publication of a translation of the claims of a European patent application or a translation of a European patent specification or of their rectification, which is provided for in the Patent Compatibility Introduction Act, a Publication fee to be paid. The publication fee is 150 Euro and additionally, depending on the number of pages of the submitted translation or its correction, from the 16. Page for 15 pages 130 Euro each.

Annual fees to be paid to the Patent Office

§ 9. (1) For European patents, for the years following the year referred to in Article 86 (4) of the EPC, annual fees are to be paid to the Patent Office.

(2) The amount of the renewal fees to be paid to the Patent Office pursuant to paragraph 1 shall be determined in accordance with Article 6 (2), with the proviso that for the third to twentieth year of the duration of the European patent, the renewal fees for the third to the third year shall be determined by the date of the third to the third year. the twentieth year.

(3) The renewal fees shall be due in each case for the coming year on the last day of the month, which shall be the same as the month in which the filing date falls.

(4) The renewal fees may be paid at the earliest three months prior to their due date. The first annual fee to be paid to the Patent Office shall be paid within one year, and the additional renewal fees shall be paid within six months of the due date.

(5) In the case of payment by maturity, a surcharge of 20 vH is to be paid in addition to the annual fee. This surcharge shall not apply to the first annual fee payable to the Patent Office if it is paid within three months of the due date.

Other procedural fees

§ 10. The fees shall be:

1.		the application for the conversion of a European patent application
a)			in a national patent application						180 Euro,
b)			in a national utility model application						50 Euro,
2.		the application for the preparation of a supplementary search							50 euros.

Section 3

Notifications due to PCT

Fees payable to the Patent Office as registration office, office of destination and selected office

§ 11. The fees are for:

1.		the transmission of the application to the International Bureau							50 Euro,
2.		the introduction of the national phase per protection law							50 Euro,
3.		the publication of the translation of the international
		Login							130 Euro.

§ 12. The fee for further treatment shall be:

1.		for the grant of a patent							180 Euro,
2.		for registration of a utility model							50 euros.

Fees for international research and international preliminary examination

§ 13. (1) The fee for carrying out the international search and all other tasks entrusted to international search authorities by the PCT and its Implementing Regulations ("search fee") , it's 200 euros.

(2) The international application is not uniform (Art. 3 para. 4 lit. (iii) PCT), the international search report shall be drawn up for the parts of the international application relating to the invention referred to in the claims first mentioned. For any further invention or group of inventions that are related in such a way that they realize a single general inventive idea, an additional fee is to be paid.

(3) If, for the international application, the priority of an earlier international application which has been researched by the Patent Office as an International Searching Authority is used, the search fee paid shall be 75%. to be reimbursed if the first search report can be used in full or for the most significant part in the preparation of the international search report. The same applies if, in the application of the international application, an earlier search of an international nature (Art. 15 (5) PCT) and the research of an international nature can be used in the preparation of the international search report in whole or for the most part of the research.

(4) The fee for the conduct of the international preliminary examination and all other tasks entrusted to the authorities responsible for the international preliminary examination by the PCT and its Implementing Regulations (" Fee for the preliminary examination "), is 200 Euro. The fee shall be charged at the same time as the processing fee to be paid in favour of the International Office of the World Intellectual Property Organization.

(5) If the Patent Office finds that the international application is not uniform and requires the applicant to limit the claims or to pay additional fees, the amount of the additional fees and the reasons for this shall be the same as: . If the applicant restricts his claims to a uniform invention or group of inventions, then for each further invention or group of inventions which are related in such a way that they are a single general inventive idea to pay an additional fee.

(6) The objection of an applicant against a patent office pursuant to Art. 17 (3) lit. a PCT or in accordance with Art. 34 (3) lit. a PCT fixed additional fee shall be decided by the Appeal Division of the Patent Office. The decision of the Appeal Division cannot be challenged by an appeal. The fee for the examination of the objection is 220 euros.

Section 4

Research and expert opinions

§ 14. (1) The fees shall be:

1.		the application for carrying out a search							200 Euro,
2.		the application for a refund of an opinion, if the state of the art is notified by the applicant								200 Euro,
3.		the application for a refund of an opinion if the state of the art is to be researched by the Patent Office								300 euros.

(2) The fee referred to in paragraph 1 (1) (1) and (2) shall be EUR 160, and EUR 240 shall be repaid from the fee referred to in paragraph 1 (3) if the application has been rejected or withdrawn prior to the preparation of the opinion.

Section 5

Utility model applications and utility models

Registration fee, publication fee, surcharge

§ 15. (1) A registration fee of 50 Euro is to be paid for the registration of a utility model.

(2) A publication fee of 130 Euro shall be charged for the publication of a utility model.

(3) A surcharge of EUR 50 shall be charged for the accelerated publication and registration of a utility model.

Annual fees

§ 16. (1) For each utility model, annual fees shall be paid for the second and each additional year, calculated from the last day of the month in which the filing date falls. If the publication and registration of the utility model take place only after the end of a year, calculated from the last day of the month in which the filing date falls, then only for the years following publication and registration. Annual fees to be paid.

(2) The annual fee shall be:

		for the second year							80 Euro,
		for the third year							80 Euro,
		for the fourth year							80 Euro,
		for the fifth year							80 Euro,
		for the sixth year							190 Euro,
		for the seventh year							190 Euro,
		for the eighth year							190 Euro,
		for the ninth year							190 Euro,
		for the tenth year							190 euros.

(3) The renewal fees shall be due in each case for the coming year on the last day of the month, which shall be the same as the month in which the filing date falls. The annual fees may be paid at the earliest three months prior to their due date. They shall be paid at the latest within six months of their due date. A supplement of 20 vH of the annual fee is to be paid in addition to the annual fee for each payment after due date. The surcharge shall not be charged at the first annual fee payable to the Patent Office.

(4) Instead of the annual payment of the renewal fees up to and including those for the fifth year, a flat-rate fee of 290 euros may be paid. The maturity of this fee as well as the payment deadlines are governed by the provisions to be applied to the first annual fee to be paid to the Patent Office (paragraph 1). 1 and 3). In case of payment after due date, no surcharge will be charged.

(5) Instead of the annual payment of the renewal fees for the sixth to tenth year, a flat-rate fee of 820 euros may be paid. The maturity of this fee and the time limits for payment thereof shall be determined in accordance with the provisions applicable to the annual fee for the sixth year (paragraph 1). 1 and 3). In the case of payment by maturity, a surcharge of 20 vH of this fee must be paid in addition to this lump sum fee.

6.

Certificates of protection certificates and protection certificates

Registration fee

§ 17. A registration fee of 250 Euro is to be paid for the application of a supplementary protection certificate.

Annual fees

§ 18. (1) For each supplementary protection certificate, annual fees must be paid in accordance with the duration of the claim. The annual fee shall be

		for the first year							EUR 2 200,
		for the second year							EUR 2 500,
		for the third year							EUR 2 800,
		for the fourth year							EUR 3 100,
		for the fifth year							3 400 Euro.

(2) The renewal fees shall be due in each case for the coming year on the last day of the month corresponding to the date of the month in which the date of the acquisition becomes effective. They may be paid three months before their due date and shall be paid no later than six months after the due date. For each payment after the due date, a surcharge of 20 vH is to be paid in addition to the annual fee.

(3) If the protection certificate is only legally granted after the date of effect, the annual fees which have now become due must be paid within six months from the date of delivery of the grant decision without a supplement.

Section 7

Semiconductor protection rights

Registration fee

§ 19. For the application of a semiconductor protection law a fee of 250 Euro is to be paid.

8. Section

Pattern logins and patterns

Fees to be paid for registration

§ 20. The following fees are to be paid for the registration:

1.		Registration fee
a)			for an individual application ............................						50 Euro,
b)			for a collection login ...						........................................ 100 Euro,
		plus 10 euros for the 11. and for any other of the
		the combined patterns;
2.		Surcharge for a secret sample application							50 vH
		the registration fee to be paid;
3.		Class fee for single sign-on per class							15 Euro,
4.		Storage fee for three-dimensional patterns per sample instance							80 Euro,
5.		Contribution of printing costs, the amount of which is to be determined by regulation.

Renewal fees

§ 21. (1) The renewal fee shall be

1.		for single sample							100 Euro,
2.		for samples of a collection login per pattern							50 euros.

(2) The renewal fee may be paid at the earliest one year before the end of the term of protection and no later than six months after the end of the term of protection. For each payment after the end of the term of protection, a surcharge of 20 vH is to be paid for the renewal fee.

Section 9

National trademark applications and trademarks

Fees to be paid for registration

§ 22. The following fees are to be paid for the registration:

1.		Registration fee
a)			for a brand ...........................						.............................. 80 Euro,
		they contain a fee for the search in the amount of							30 Euro,
b)			for a bandage.						........................................ 320 Euro,
		they contain a fee for the search in the amount of							30 Euro,
2.		Class fee, provided that the list of goods and
		Services not included in more than three classes							20 Euro,
		for each other class							25 euros.

Fees to be paid for registration

§ 23. The following fees are to be paid for registration:

1.		Protection of the duration of the
a)			for a brand ...........................						.............................. 200 Euro,
b)			for a bandage.						........................................ 800 Euro,
2.		Contribution of printing costs, the amount of which is to be determined by regulation.

Renewal fees

§ 24. (1) The renewal fee shall be

1.		for a brand							500 Euro,
2.		for a bandage							EUR 2 000.

(2) The renewal fee may be paid at the earliest one year before the end of the term of protection and no later than six months after the end of the term of protection. For each payment after the end of the term of protection, a surcharge of 20 vH of this fee is to be paid in addition to the renewal fee.

Section 10

International trademark applications

Domestic Fee

§ 25. The application for international registration of a trade mark under the Madrid Agreement concerning the international registration of marks and the Protocol to the Madrid Agreement concerning the international registration of marks is, in addition to the provisions of International office to pay a domestic fee of 100 euros. If international registration is requested under the Madrid Agreement on the international registration of trade marks and in accordance with the Protocol to the Madrid Agreement on the International Registration of Marches, it is, in any case, only to pay a domestic fee.

11.

Geographical indications and designations of origin

Application fee

§ 26. (1) For the application for registration of a geographical indication or designation of origin, a fee of EUR 580 shall be paid.

(2) One-half of the fee fixed in paragraph 1 shall be returned if the application has been rejected or withdrawn before the forwarding to the Commission of the European Communities.

12.

Common provisions

Entitlement to pay, calculate and repay fees

§ 27. (1) The renewal fees for patents, utility models and supplementary protection certificates, the flat-rate fees for utility models and the renewal fees for designs and trademarks may be applied by any person who is interested in the respective protection law. will be paid.

(2) Insofar as the amount of a fee depends on the number of pages, the following shall apply:

1.		Up to 40 lines are expected as a page;
2.		Formula images are to be expected to be full lines after the area they claim;
3.		collected pages are fully expected;
4.		as a side, an area is expected to be at a maximum dimension of 29.7 cm height and 21 cm width.

(3) All paid publication fees and printing costs shall be repaid if no publication or printing is made, unless the technical preparations for publication or printing are already completed. The protection fee for trademarks is to be repaid if the application does not lead to registration.

(4) All annual fees paid for patents, utility models and protection certificates, flat-rate fees for utility models and renewal fees for designs and trademarks are to be repaid if the right of protection against due date is due in the event of a loss.

Procedural fees

§ 28. (1) The fees shall be for:

1.		the complaint to the Appeal Division in the proceedings
		without counterparty							220 Euro,
		with counterparty							300 Euro,
2.		the request for the application of a
		Oral proceedings before the Appeal Division							150 Euro,
3.		any request to be negotiated before the Invalidity Division							450 Euro,
4.		the appeal and the complaint to the
		Top Patent and Trademark Senate							600 Euro,
5.		The costs of the supreme patent and trademark senate							300 Euro,
6.		the application for modification of the name or the company
		the applicant or the rightholder							40 Euro,
7.		the request for modification of the applicant or the holder of a right;
		on the registration or deletion of a licence or a licence;
		of a pawn or other, in particular a dingy,
		Right							70 Euro,
8.		the application for modification of the applicant or the holder of a right
		a bandage mark							280 Euro,
9.		the application for the registration of a dispute resolution							40 Euro,
10.		the application for further treatment							150 Euro,
11.		the request for re-establishment of rights in the previous state							220 euros.

(2) The fees laid down in paragraph 1 shall be payable for each application and for any right of protection which is the subject of the appeal, the appeal or the application.

(3) The appeal fee referred to in paragraph 1 Z 1 and Z 4 and the fee for the application for an oral proceedings before the appellant's department pursuant to Section 1 (1) (2) shall be refunded if the appeal is essentially successful and the Procedure without counterparty has been carried out.

(4) If a request for re-establishment of rights is granted on the basis of a failure to pay an annual fee, annual fees which have become due within one month from the date of notification of the decision without a supplement shall be granted. pay.

Special charges

§ 29. The Regulation may lay down special charges for official copies, publications, certificates, patent and utility model certificates, sample certificates, register extracts, priority documents and official certificates. When setting the individual rate of charge, which may not exceed EUR 80, account must be taken of the amount of work and equipment required for the official activity.

Type of fee payment

§ 30. The nature of the payment of the fees to be paid in the scope of the Patent Office shall be determined by Regulation. The Regulation shall in particular determine when payment shall be deemed to be in good time, as may be the case where payment has been made, and in which cases payment shall not be made until the date of the invitation to the Patent Office. When this Regulation is released, account must be taken, on the one hand, of the payment methods available to the depositors instead of cash payment and, on the other hand, of a simple and cost-saving control possibility by the Patent Office.

Change in scale of charges

§ 31. (1) Where the provisions of this Federal Law on the extent of fees are amended, the new provisions shall apply, without prejudice to the provisions of paragraphs 2 and 3, to all payments made after the entry into force of those provisions; or shall be made prior to the entry into force of those provisions, but shall be determined for applications submitted after the entry into force of those provisions.

(2) Charged fees shall be payable to the extent to which the authorisation was granted at the time of the payment of the payment.

(3) In the case of applications for re-establishment, fees whose payment has been missed are to be paid in the amount currently in force at the time of the application of the application for re-establishment.

Publication fees

§ 32. The patent and utility model documents issued by the Patent Office are free of publication fees. In addition, the rules on font fees remain unaffected.

3. Main piece

Charges

Charges for service and information services of the Patent Office

§ 33. The fee for service and information services offered by the Patent Office is to be published in the Patent Bulletin. In the case of service and information services which are not constantly offered, the fee is to be agreed on a case-by-case basis. The amount of the fee shall be taken into account in the respective work and material expenses. In cases where the performance is predominantly in the public interest, a lower fee or free of charge may be provided.

Information about the similarity of brands

§ 34. (1) For requests for information as to whether a specific character is the same or possibly similar to a mark whose goods and services are covered by the classes designated in the application, the patent office shall be granted, within the framework of its partial legal capacity, a Pay in the sense of § 33, the amount of which is to be published in the patent sheet.

(2) If a fee has been paid in accordance with paragraph 1 for the issue of current information, the amount to be recovered shall be repaid in the event of a waiver of further information.

4. Main piece

Transitional and final provisions

Transitional provisions

§ 35. (1) For patent applications and patents, in respect of which the announcement decision in accordance with § 101 (1) of the Patent Act 1970 in the before the entry into force of the Federal Law BGBl. No 149/2004, the renewal fees, the replacement fee and the fee for the objection shall be payable in accordance with the conditions laid down in paragraphs 2 to 9 of this Article.

(2) The first and second annual fees are the same as in § 166 (3) of the Patent Act 1970 in the prior to the entry into force of the Federal Law BGBl. I No 149/2004 as the amount indicated. The fee for additional patents is to be paid in the amount indicated in § 166 (4) of the Patent Act 1970 in the version in force before the entry into force of the aforementioned federal law.

(3) The amount of the additional renewal fees shall be determined in accordance with Section 6 (2).

(4) The annual fees are due from year to year, from year to year, due from the date of publication of the application in the Patent Bulletin. If, however, the patent is not granted until after the beginning of the second or another year, from the date of publication of the application in the patent sheet, the renewal fees shall be valid for those years with the day following the notification of the application of the Notification of the patentee due from the registration of the patent in the patent register due.

(5) The annual fee for the first year shall be paid within four months from the date of publication of the application in the Patent Bulletin; otherwise, the application shall be deemed to be withdrawn.

(6) The renewal fees for the second and subsequent years may be paid three months before their due date. They shall be paid no later than six months after the due date. For each payment after the due date, a surcharge of 20 vH of the annual fee is to be paid in addition to the annual fee. The surcharge is not required for the payment of renewal fees, which are due only with the notification of the registration of the patent in the patent register (paragraph 1). 4).

(7) The first annual fee shall be refunded in half if the application is withdrawn or rejected in the patent document following its notice. Section 27 (1) and (4) shall apply.

(8) The fee for the application in accordance with § 101 (4) in the before the entry into force of the Federal Law BGBl. I n ° 149/2004, to suspend the publication of a patent application for more than three months, for each of the three months of the period exceeding the first three months, the period shall be 58 euros. If the suspension is not granted for the full duration of the requested period, the additional amount shall be reimbursed.

(9) The fee for the objection is 150 Euro.

§ 36. (1) § § 3 and 4 are also applicable to patent applications pursuant to § 174 (5) of the Patent Act 1970 in the version of the Federal Law BGBl. I No 149/2004.

(2) In the case of patent applications pursuant to paragraph 1, BGBl shall apply before the entry into force of the Federal Act. No 149/2004, the registration fee or an annual fee shall be paid up to the end of the payment period for the fourth annual fee due after the notice of the grant of the grant. The deferment also includes the publication fees.

§ 37. In the case of supplementary protection certificates, which have become effective before 11.1.1997, the renewal fees shall be due in advance of the first sentence of Article 18 (2) of the first sentence of the year in advance, namely:

1.		Patents granted on the basis of the Patent Law 1970 on the anniversary of the publication of the patent application in the Patent Bulletin or patents granted in accordance with Section 110 of the Patent Law in the prior to the entry into force of the Federal Law BGBl. I No 175/1998, on the anniversary of the definitively adopted grant and
2.		in the case of European patents on the last day of the month in which the date of the application is the same as the month in which the filing date falls.

Final provisions

§ 38. The provisions of the federal law referred to in this Federal Act are to be applied in their respective versions.

§ 39. For all personal names used in this Federal Act, the chosen form is valid for both sexes.

§ 40. (1) This federal law shall enter into force at the beginning of the seventh Federal Act on the proclamation of the Federal Law BGBl. I No 149/2004 of the following month.

(2) Regulations on the basis of this Federal Act, as amended, may already be issued from the day following the presentation of the Federal Act to be carried out; however, they may not be issued prior to the application of the Act to the Legislative provisions enter into force.

§ 41. With the enforcement of this federal law are entrusted:

1.		With regard to Section 32 of the Federal Minister of Transport, Innovation and Technology, in agreement with the Federal Minister for Finance,
2.		in respect of all other provisions of this Federal Law of the Federal Ministers of Transport, Innovation and Technology.

Fischer

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