Default (statutory) regime for the ownership | Creator / inventor or his successor in title |
|---|---|
Default (statutory) regime for employee’s creations | In relation to inventions: employee shall be entitled to apply for patent, unless a written employment / service agreement grants ownership over employee’s inventions to the employer or a right of use of such inventions; there are also specific rules for inventions in public law service agreements. In relation to industrial designs: employer shall be entitled to ownership of design protection rights, if a design was created by employee as part of his employment obligations, unless otherwise agreed with the employee. In relation to computer programmes created by an employee: if created in the performance of his official duties, then the employer shall have the unrestricted right to use the work, unless otherwise agreed with the author. |
Ownership of research results in publicly sponsored research | In case of employment relationship in public law, the employer, without the need for an agreement with the employee, is entitled to ownership of its employee’s inventions in entirety, or a right of use of such inventions, which right of use is also effective against third parties. The employer has the right to obtain ownership for an invention if it is a service invention and if a written agreement (with the employee or a collective agreement) exists. For inventions of public employees no separate written agreement is needed. The state has the right to obtain ownership. |
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually | The employer, without the need for an agreement with the employee, taking its employee inventions in its entirety, or a right of use of such inventions can claim, the right of use is also effective against third parties. The employee belongs in every case for the transfer of an invention made by him to the employer, and for the grant of a usage right with respect to such invention, a reasonable extra fee. Inventions made at a university in the course of federal employment or training or employment or training by such university, shall be subject to the Patents Act, and the university shall be deemed to be the employer under Patents Act. All inventions shall be promptly reported to the rectorate. The rectorate shall inform the inventor within three months if it intends to claim title to the invention in its entirety or rights to the use thereof. Otherwise the inventor shall be entitled to such rights. |
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually | Information not available |
Related law (name & link) |
Federal Law on Copyrights on Literary and Artistic Works and Related Rights of 1936 (Copyright Act) Federal Law on the Protection of Designs (Design Protection Act of 1990) |
Austria