Connect utilities action act
1 See Industrial Property Laws and Treaties, finlandtext 2-001 (Editors note).
If a utility model application within the meaning of the first and second paragraphs satisfies the requirements as to form of the European Patent Convention and its Implementing Regulations, it shall be accepted in these respects.If he does not oppose the request within the specified period of time, the registration shall be declared invalid in whole.Transfer (1) The right arising from an application for a utility model and the utility model may be transferred either wholly or in imaginary shares.If the application satisfies the requirements of the second and third paragraphs of Section 1, and of Sections 6 to 11, the utility model shall be recorded in the Utility Model Register.Applications filed prior to the entry into force of this Act may not serve as a basis for a priority claim under Section.Jurisdiction (1) The Commercial Court of Vienna shall have exclusive jurisdiction for actions and injunctions under this Federal Act.(2) If an attorney at law, patent attorney or notary acts as a representative, he may refer to the authorization granted to him without actually presenting documentary evidence.(6) The costs of the proceedings shall be borne by the petitioner if the opponent has not provoked the petition by his conduct and recognizes the claim within the period allowed him for his reply.The court shall communicate to the Registering Authority a copy of decisions given in the proceedings referred to in Section 43 together with a statement as to whether the decision is final.
The application fee shall not be refunded.
(3) Third parties may not inspect the files relating to unpublished utility models without the consent of the applicant.
Where no request for invalidation has been filed with the Registering Authority, the court shall order the defendant, in connection with the stay of proceedings, to file such request within the period of time it shall determine.
A prescribed fee is payable for the postponement of the registration.
Search Report (1) If there are no objections to publishing and registering the utility model, the Patent Office shall prepare a search report in which the documents found by the Patent Office on the date of preparing the report are cited which may.First and second paragraphs of Section 2, and Section 4, to have been filed at the same time as the earlier application if the applicant so requests.259, shall apply mutatis mutandis.Where a person dispossessed of a registration in accordance with Section 31 had, in good faith, begun commercial exploitation of the invention in this country or had made substantial preparations therefor, he shall be entitled, against reasonable remuneration and on other reasonable terms, to continue.Recognition of the right shall be entered in the Utility Model Register at the request of the prior user.If proceedings for title to an invention in respect of which utility model protection has been applied for are pending before a court, the processing of the utility model application may be suspended until a final decision has been given in such proceedings.44 (charges) and Sec. .The evidence required for such proof (priority documents) in the proceedings before the Patent Office and before the Supreme Patent and Trademark Chamber and the time of submission shall be laid down by ordinance. the name and the registered office or residence of the utility model owner and of his representative, if any ;. .A request that netware 5.1 advanced administration a registration be declared invalid shall not be considered if proceedings concerning transfer of the registration are pending.The applicant shall pay the prescribed registration fee.If a European patent application is to be deemed withdrawn because no translation in its language of proceedings has been submitted to the European Patent Office within the prescribed time limit, it may, at the request of the applicant, be converted into a national utility.